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2021 Supreme(Gau) 678

Mustafa Kamal Hussain – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. K.K. Mahanta and Mr. K.M. Mahanta
For the Respondent: Mr. P.S. Deka, Mr. S. Borthakur, Mr. K. Goswami and Mr. J.C. Borah

JUDGMENT :

1. In this writ petition preferred under article 226 of the Constitution of India, the writ petitioner has challenged the action taken by the respondent-Hindustan Petroleum Corporation Ltd. (‘HPCL’ or ‘the Corporation’) authorities vide the impugned letter dated 22.9.2018 (Annexure-6 to the writ petition) in respect of Liquefied Petroleum Gas (‘LPG’) distributorship under open category for the location at Katahguri, District Nagaon, whereby, the candidature of the petitioner has been rejected. The petitioner has sought setting aside of the impugned letter dated 22.9.2018 and the results of the re-draw, published on 7.10.2018, wherein the respondent No. 8 had emerged as the successful candidate in the re-draw of lots for the location at Katahguri, District Nagaon (Annexure-10 to the writ petition).

2. The relevant background facts, leading to the institution of this writ petition, may be exposited as under

2.1 The 3 public sector oil companies, viz., (i) Indian Oil Corporation Ltd. (‘IOCL’); (ii) Bharat Petroleum Corporation Ltd. (‘BPCL’); and (iii) Hindustan Petroleum Corporation Ltd. (HPCL) published an advertisement jointly on 12.6.2018 inviting applications for LPG distr

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