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2018 Supreme(Cal) 957

DIPANKAR DATTA, SHAMPA SARKAR
Chhanda Koley – Appellant
Versus
Bharat Petroleum Corporation Ltd. – Respondent


Advocates Appeared:
For the Applicant : Mr. Debabrata Saha Roy, Mr. Pingal Bhattacharyya, Mr. Subhankar Das.
For the Respondents: Mr. Amitabha Shukla, Mr. P.C. Pandey, Ms. Riya Sinha, Mr. Bikash Ranjan Bhattacharya, Mr. Uday Sankar Chattopadhyay, Mr. Suman Sankar Chattopadhyay, Mr. Santanu Maji, Ms. Snigdha Saha, Ms. Payel Shome.

JUDGMENT :

Shampa Sarkar, J.

Aggrieved by the judgment and order dated January 18, 2018 passed in W.P. No. 11124 (W) of 2017, the writ petitioner (hereafter the appellant) has presented this intra-court appeal. Instead of hearing the stay application separately, we decided to hear out the appeal by consent of parties.

2. The case run by the appellant in the writ petition was that he applied for LPG distributorship under G.P. category pursuant to an advertisement published in the ‘Ananda Bazar Patrika’ on September 9, 2012 against the vacancy at Jamalpur Block in the District of Burdwan. The respondent no. 9 also applied for the LPG distributorship against the same vacancy. The appellant and the respondent no. 9 were both found eligible and accordingly, the Territory Manager (LPG), Durgapur Territory Office of Bharat Petroleum Corporation Limited (BPCL) instructed them to participate in the Draw-On-Lots, to be held on May 11, 2013. At the Draw-On-Lots the respondent no. 9 was declared as the selected candidate. Subsequently, it came to the knowledge of the appellant that the land offered by the respondent no. 9 to construct the godown was not suitable for construction thereof as the pr

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