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2007 Supreme(Ori) 659

I.M.QUDDUSI, A.K.SAMANTARAY
Radha Krishna Sahu – Appellant
Versus
Union of India represented through the Secretary to Government, Ministry of Petroleum – Respondent


Advocates:
For Petitioner:M/s. Pitambar Acharya, S. R. Pati & P. K. Ray
For Opp. Parties:Assistant Solicitor General for O.Ps.1 & 2
M/s. Sanjit Mohanty, N. C. Sahu, S. Patnaik, P. K. Muduli, R. R. Swain, S. Mohanty for O.Ps. 3 to 5
M/s. B. S. Sarangi, D. Mohapatra, for O.P.7.
M/s. D. Mohapatra,M. Mohapatra, B. Dash and G. R. Mohapatra, For O.P. No.8

JUDGMENT

I. M. QUDDUSI, J. : The petitioner having his retail out let at Jeypore town styled as Kallia Service Unit under the dealer¬ship of Hindustan Petroleum Corporation Limited has filed the instant writ petition with a prayer for quashing the appointment of opposite party No.8 as a dealer of the Indian Oil Corporation for Jeypore Municipal area over plot No.1/2668 of Khata No.1451/178 of mouza Jagadhatripur along N.H. No.43 in the dis¬trict of Koraput and to direct the opposite parties to comply with the Government of India Circulars dated 31.8.2000 and 25.9.2003 before proceeding with the setting up of the new retail outlet and to quash the selection of opposite party No.8.

2. The brief facts of the case are that the Indian Oil Corporation-opposite party No.3 vide the advertisement published in various newspapers on 29.11.2003 invited applications for appointment of dealers for retail outlet dealerships of petroleum products in which the retail dealership in question for Jeypore town of Koraput district was mentioned at sl. No.31. After com¬pletion of selection process, opposite party No.8 was selected but the selection was challenged in an earlier writ petition i.e. W.P.(C)






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