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2000 Supreme(Pat) 491

PATNA HIGH COURT
S.K.Katriar, J.
Anil Kumar Singh
Versus
Union Of India
Civil Writ Jurisdiction Case No. 6911 of 1999 ;
Decided On : MARCH 29, 2000

Headnote:Manual for Selection of Dealers/Distributors of Indane Liquefied Petroleum Gas-Paragraph 4-Appointment of dealership-Criteria for selection-Residence of particular district was one of the conditions of advertisement-Petitioner challenging the appointment of Respondent 7 on the ground that she is not resident of Babura-Held continuous being at a particular place is the most important factor to determine the residence of person-Occasional visits to the place of origin are not relevant factors to determine the residence of a person-Selection of Respondent 7 held illegal and set aside-Petitioner should be given dealership in accordance with prescribed procedure. (Para 6)

       1995(1) BLJR 805, AIR 2000 SC 525, AIR 1982 SC 3, AIR 1941 Cal 670. AIR 1955 Kutch 18, AIR 1974 SC 2105, CWJC No. 6819 of 1999 dated 13.3.2000-Referred.

       

Judgment

1. This writ petition has been preferred with the prayer to cancel the selection of respondent No. 7 (Smt. Veena Rani Singh) as dealer of Indane Liquified Petroleum Gas (dealership in short), of the Indian Oil Corporation (respondent No. 2), at Babura, district Bhojpur, and for the further direction to respondent No. 2 to appoint the petitioner in her place.

2. The writ petition was originally preferred with the prayer to complete the procedure for award of the dealership in question in accordance with the result published on the notice board of the Dealers Selection Board on 27-3-1999, wherein the petitioner figured at serial No. 1 amongst the list of candidates selected for award of the dealership, and to award the same accordingly to the petitioner. It appears that during the pendency of the present writ petition, the petitioner filed an interlocutory application bearing I.A. No. 919 of 2000, in substance seeking to challenge the selection process on the ground that respondent No. 7 was selected in violation of one of the conditions of the advertisement, namely, that she is not a resident of village Babura, and for the further direction to respondent No. 2 to appoint him in her place because he figured at serial No. 2 of the merit list (Annexure 7). This amendment application was allowed by order dated 14-2-2000, and permission was granted to amend the writ petition. By the same order, Smt. Veena Rani Singh was directed to be impleaded as respondent No. 7. The net result is that the petitioner now assails the selection of respondent No. 7 on the ground that she is not a resident of village Babura, which is one of the conditions of the advertisement. It appears from the records that Babura and Rajapur have been used inter changeably.

3. Respondent No. 2 had published an advertisement which had appeared in the local dailies on 2-6-1998 (Annexure 1) inviting applications, inter alia, for the dealership for village Babura, district Bhojpur, one of the conditions of which was that vide paragraph 2 (gha) of the advertisement 2-6-1998 was the last date for submission of application, which was extended on two occasions and ultimately 28-8-1998 was declared to be the last date for submission of applications. The petitioner, respondent No. 7, and others submitted their applications. The final merit list of three persons was published on 27-3-1999 (Annexure 7), wherein respondent No. 7 figures at serial No. 1, and the petitioner figures at serial No. 2. The petitioner submitted representation dated 17-4-1999 (Annexure 6), alleging therein that respondent No. 7 is not a resident of Babura, paragraphs 4, 5 and 8 of which are set out hereinbelow for the facility of quick reference :

"(4) The day of interview in LPG Dealer Selection Board Officer, Mrs. Veena Rani Singh was given V.I.P. treatment, and entertained by the office staff in a separate room, where as other candidates were waiting for interview in a common hall.(5) Veena Rani Singh along with her husband is residing at Patliputra Colony at Patna for last 20 years and owns a house. She rarely goes to Rajapur where she has declared her residence.xx xx xx xx xxxx xx xx xx xx(8) A high ranking officer in Bharat Petroleum residing at Patliputra near Veena Rani Singhs house and other two M.Ps. who are far related, to her, have influenced this allotment ."

The same was addressed to the Chairman of the I.O.C. with copies to the Ministry of Petroleum and Natural Gas; General Manager, Indian Oil Corporation; Vigilance Departments of the Indian Oil Corporation Ltd. at Mumbai and Calcutta. It appears that no enquiry was at all done into the allegations made in this complaint and it has been decided to give the dealership to respondent No. 7 as per the final selection list dated 27-3-1999 (Annexure 7). Hence the present writ petition.

4. Learned counsel for the petitioner submits that in view of the petitioners complaint dated 17-4-1999 (Annexure 6), it was incumbent on the appropriat













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