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HIGH COURT OF PATNA
K. Venkataswami C.J. & S.J. Mukhopadhaya JJ.
(in L.P.A. No. 26 of 1995)
Shyam Sunder Singh 'Dhiraj' - Appellant
versus
Union of India and others – Respondents
(in L.P.A. No. 46 of 1995)
Shovan Kumar Sen Gupta - Appellant
versus
The Union of India and others – Respondents
Letters Patent Appeal Nos. 26 and 46 of 1995
Decided On : 2.3.1995
PETROL PUMP DEALERSHIP - RESIDENTIAL ELIGIBILITY - RESIDENCE CERTIFICATE - VALIDITY - COURT'S JURISDICTION - WRIT JURISDICTION - DISPUTED QUESTION OF FACT - JUDICIAL REVIEW.
Fact of the Case:
The appellant, Shyam Sunder Singh 'Dhiraj', was granted a letter of intent to open a retail outlet of a petrol pump in the district of Begusarai, Bihar, based on his application in response to an advertisement by the I.B.P. Company Limited. The writ petitioner, Chandra Bhushan Singh, challenged the letter of intent, claiming that the appellant was not a resident of Begusarai for the required five years prior to the application date, as per the advertisement's eligibility criteria. The Single Judge allowed the writ petition, quashing the letter of intent.
Finding of the Court:
The court found that the appellant had failed to establish his residency in Begusarai for at least five years prior to the application date. The court noted that the appellant had not submitted any residence certificate along with his application and that the certificate he had obtained later, on April 29, 1993, was not available to him by the last date of application submission (March 22, 1993). The court also considered the appellant's political background and the allegations of collusion in obtaining the certificate.
Issues: 1. Whether the appellant, Shyam Sunder Singh 'Dhiraj', was a resident of the district of Begusarai for at least five years prior to the application date, as required by the advertisement's eligibility criteria. 2. Whether the court had jurisdiction to decide the disputed question of fact regarding the appellant's residency in writ jurisdiction.
Ratio Decidendi: 1. The court held that the appellant had failed to prove his residency in Begusarai for the required five years. The court noted that the appellant had not submitted any residence certificate along with his application and that the certificate he had obtained later was not available to him by the last date of application submission. The court also considered the appellant's political background and the allegations of collusion in obtaining the certificate. 2. The court held that it had jurisdiction to decide the disputed question of fact regarding the appellant's residency in writ jurisdiction. However, the court noted that it should not have decided the issue without giving the appellant an opportunity to be heard.
Final Decision: The court dismissed both letters patent appeals filed by the appellant and the I.B.P. Company Limited, upholding the Single Judge's decision to quash the letter of intent.
S.J. Mukhopadhaya, J.
The appellants of both the appeals have challenged the common impugned order and judgment dated 16th of January, 1995 passed by one of the Hon'ble Single Judge of this Court in C.W.J.C. No. 10962 of 1994, by which while allowing the writ petition the letter of intent dated 9th of February, 1994 as contained in Annexure-5 to the writ petition has been quashed. By the said letter of intent dated 9th of February, 1994, appellant, Shyam Sunder Singh 'Dhiraj' was given permission to open a retail outlet of petrol pump of I.B.P Company Limited on the recommendation of the Oil Selection Board.
2. The main grounds taken by the appellant are as follows :-
(a) Without any notice to the appellant the writ petition has been allowed in favour of the writ petitioner-Respondent no. 6;
(b) The Hon'ble Single Judge has erred in holding that the appellant, Shyam Sunder Singh 'Dhiraj' had not resided in the district of Begusarai for a period of five years, prior to the last cut-off date as mentioned in the advertisement and thereby wrongly held the appe!lant, Shyam Sunder Singh 'Dhiraj' as not resident of the district of Begusarai (Bihar).
3. The brief facts of the case lie in a narrow compass, as stated below:-
An advertisement dated 5th of February, 1993 (Annexure-2 to the writ petition) was published in the newspaper for grant of retail outlet dealership in the district of Begusarai by the I.B.P Company Limited. One of the eligibility criteria mentioned therein was that the applicant should be a resident of the district of Begusarai, at least for five years, immediately prior to the date of application. The appellant, Shyam Sunder Singh 'Dhiraj' along with other, including the writ petitioner Respondent no. 6 applied in pursuance of the said advertisement for retail outlet dealership. Interviews were held by the Oil Selection Board. The Oil Selection Board forwarded the merit list to I.B.P Company Limited. The name of the appellant, Shyam Sunder Singh 'Dhiraj' being no. 1 in the merit list, vide letter dated 9th of February, 1994 (Annexure-5 to the writ petition), the letter of intent was given in favour of the appellant for opening a retail outlet dealership in the district of Begusarai.
4. The writ petition C.W.J.C. No. 10962/94 was filed by the writ petitioner-Respondent no. 6 challenging the aforesaid letter of intent dated 9th of February, 1994 (Annexure-5 to the writ petition). The following grounds were made and urged by the writ petitioner before the Hon'ble Single Judge: -
(i) (Appellant) Shyam Sunder Singh 'Dhiraj' is not a resident of the district of Begusarai. He belongs to the district of Patna. Thereby he is not eligible for grant of retail outlet dealership in the district of Begusarai in terms with the advertisement dated 5th of February, 1993;
(ii) Writ petitioner-Chandra Bhushan Singh (respondent no. 6 herein) being Engineering Graduate was entitled for preference over others, in terms with the advertisement, particularly he being a resident of the district of Begusarai.
5. It seems that a counsel of this Court appeared at the admission stage and accepted notice on behalf of the appellant, Shyam Sunder Singh 'Dhiraj'. The counsel took time to file counter affidavit on behalf of the said appellant but did not choose to file the counter affidavit. In fact no power had also been filed by the said counsel, who accepted the notice on behalf of the appellant, Shyam Sunder Singh 'Dhiraj'. It further seems that the Oil selection Board was treated to be not a necessary party, thereby without notice to them, the writ petition was decided by the Hon'ble Single Judge vide impugned order and judgment dated 16th of January, 1995 passed in C.W.J.C. No. 10962 of 1994 in favour of the writ petitioner-respondent no. 6.
6. The Hon'ble Single Judge has decided the writ petition solely on one ground, namely, that the appellant, Shyam Sunder Singh 'Dhiraj' is not a resident of the district of Begusarai and thereby not eligible
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