UJJAL BHUYAN, J.

1. Heard Mr. H. Nath, learned counsel for the petitioner and Mr. MK Choudhury, learned Senior Counsel assisted by Mr. M Sarma, learned counsel for respondent No. 1. Also heard Mr. NN Jha, learned counsel for respondent No. 2.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of selection of respondent No. 2 for LPG dealership under Rajib Gandhi Grarnin LPG Vitrak at Morangaon under Borgang Gaon Panchayat.

3. Case of the petitioner is that an advertisement was issued by respondent No. 1 i.e., Indian Oil Corporation Ltd. (IOCL), which was published in the daily newspaper 'Niyamiya Barta' on 29.12.2013 for allotment of LPG dealership under Rajib Gandhi Gramin LPG Vitrak Scheme (Scheme). Present writ petition pertains to such dealership at Morangaon under Borgang Gaon Panchayat in the district of Sonitpur for the open category.

4. It appears that petitioner and respondent No. 2 had responded to the said advertisement for LPG dealership at Morangaon. Both of them were called for selection on 11.11.2014, which was by way of draw of lottery. In the draw, respondent No. 2 was selected and accordingly result was declared to the effect that respondent No. 2 was the selected candidate for LPG dealership under the Scheme in respect of Morangaon.

5. Following the same, petitioner made inquiries whereafter, he came to know that though respondent No. 2 had some land under Borgang Revenue Circle, he was infact a permanent resident of Ward No. 3, Santipur, Biswanath Chariali.

6. As per Clause-3 of the advertisement dated 29.12.2013, a candidate applying for LPG dealership under the Scheme for a particular location, besides being a citizen of India, has to be a resident of the concerned Gaon Panchayat in respect of which the advertisement was issued or must be a resident of the related revenue circle on the date of making the application responding to the advertisement. In support of such residentship, the candidate was required to attach a permanent resident certificate along with the application form. It was further stated that at the time of selection, a candidate having permanent residentship of the concerned Gaon Panchayat would be given priority; in the absence of such a candidate, a permanent resident of the relevant revenue circle would be considered.

7. Contending that respondent No. 2 was neither a resident of the Gaon Panchayat nor of the revenue circle covering the location Morangaon, petitioner lodged complaint before the authorities of respondent No. 1. Since there was no response, present writ petition came to be filed.

8. This Court by order dated 11.02.2015 had issued notice and passed an interim order to the effect that respondent No. 1 should not allot the LPG dealership under the Scheme at Morangaon within Borgang Gaon Panchayat. However, it was made clear that notwithstanding pendency of the writ petition, it was open to respondent No. 1 to proceed with the field verification pursuant to the complaint lodged by the petitioner.

9. Respondent No. 1 has filed an interlocutory application for vacation of the aforesaid interim order which has been registered as IA(C) No. 1690/2016.

10. In the counter-affidavit filed by respondent No. 1, it is stated that Circle Officer, Biswanath Revenue Circle vide his letter dated 15.12.2014 had submitted a verification report to the effect that the concerned Lat Mandal had verified the credentials of respondent No. 2 and reported that he was infact an inhabitant of Morangaon village within Borgang Revenue Circle. It is further stated that the selection process was conducted as per the laid down procedure. Voters list may not be indicative of residential status of an individual. In so far complaint of the petitioner is concerned, it is stated that an inquiry was made in view of the complaint lodged by the petitioner in the course of which letter dated 05.08.2015 was issued by respondent No. 1 to the Deputy Commissioner, Sonitpur