ORDER :

1. The present writ petition has been filed for quashing letter dated 15.07.2019 issued by the Chief Area Manager, Ranchi Area Office, Indian Oil Corporation Limited (Marketing Division), Eastern Region, Ranchi-respondent no. 2, whereby the candidature of the petitioner for LPG distributorship has been rejected and security amount of Rs. 40,000/- deposited by her with the respondent authorities has been forfeited. Further prayer has been made for issuance of direction upon the respondent authorities not to allot LPG Distributorship to any person pursuant to advertisement dated 13.08.2017 and further to reconsider the claim of the petitioner for LPG distributorship at the advertised location.

2. The factual matrix of the case as stated in the writ petition is that the respondent-Indian Oil Corporation published an advertisement on 13.08.2017 in the local daily newspaper, namely “Prabhat Khabar (Ranchi Edition)” for Gramin distributorship of LPG under open category for the location “Parho” Gram Panchayat-Parho, Block Domchanch, District Koderma. The petitioner submitted her application in the prescribed format on 12.10.2017 and was declared successful in the draw of lots held on 27.12.2017. Thereafter, vide letter dated 28.12.2017 the petitioner was directed to submit the required documents along with bank draft of Rs. 40,000/- within seven working days. The respondent no. 3 vide letter dated 05.02.2018 also advised the petitioner to submit documents, such as map for both the lands offered for godown as well as showroom, indicating the dimension and duly filled format P1A & P1B. Pursuant to the said direction, the petitioner deposited security amount of Rs. 40,000/- as well as the required documents including deed of lease executed on 14.09.2017 and registered on 15.09.2017. The respondent no2 vide letter dated 04.10.2018 (served to the petitioner on 08.10.2018) informed the petitioner that her candidature had been rejected on the ground that as per Clause 8 of the lease deed, the same would be effective only after start of construction of the godown, which vitiated the eligibility criteria of minimum 15 years of valid lease period commencing on any day from the date of advertisement till the last date of submission of application as specified either in the advertisement or corrigendum (if any) and the Corporation had also decided to forfeit an amount of Rs. 40,000/- as per the terms and conditions of the advertisement. Thereafter, the respondent-IOCL published another advertisement for the same location and the date of lottery was fixed as 11.10.2018 for deciding the distributorship of LPG for which the claim of the petitioner had already been rejected vide order dated 04.10.2018. The petitioner also submitted application dated 08.10.2018 before the respondent no. 3, requesting inter-alia to reconsider her claim for LPG distributorship in respect of the advertised location, however, no action was taken on the petitioner’s application. Aggrieved thereby, the petitioner moved this Court by filing a writ petition being W.P. (C) No. 5277 of 2018, which was disposed of vide order dated 10.12.2018, directing the respondent no. 2 to take a fresh decision in this regard after providing due opportunity of hearing to the representative of the petitioner. Thereafter, the petitioner submitted her representation before the respondent no. 2, however, the same was rejected vide impugned letter dated 15.07.2019 and the security amount of Rs. 40,000/- deposited by her with the respondent-IOCL was also forfeited. Hence, the present writ petition.

3. Learned senior counsel for the petitioner submits that vide order dated 10.12.2018 passed in W.P. (C) No. 5277 of 2018, the respondent no. 2 was directed to take a fresh decision, but the said respondent has passed the same order, which was earlier passed on 04.10.2018 and no fresh decision has been taken by the said respondent. The candidature of the petitioner has been rejected straightaway fo