IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HAZAR ALAM SINGH THIND – Appellant
Versus
BHARAT PETROLEUM CORPORATION LIMITED – Respondent
the Retail Outlet Dealership was found to be outside the advertised area/stretch. Learned counsel further draws attention to the Brochure (Annexure P-1), containing the Guidelines on Selection of Dealers for Regular and Rural Retail Outlets, wherein Clause 4(vi) provides as follows:
“(vi) Land (Applicable to all categories):
The applicants would be classified into three groups as mentioned below based on the land offered or land not offered by them in the application form:-
Group-1: Applicants having suitable piece of land in the advertised location/area either by way of ownership/long term lease for a period of minimum 19 years 11 months or as advertised by the OMC.
Group-2: Applicants having Firm Offer for a suitable piece of land for purchase or long term lease for a period of minimum
19 years 11 months or as advertised by the OMC.
Group-3: Applicants who have not offered land in the application. Only applicable for locations advertised under SC/ST category.
Applications under Group-3 would be processed/advised to offer land (Annexure – D) only in case no eligible applicant is found or no applicant get selected under Group-1 & Group-2.
In case land offered by all the applicants under Group-1 & Group-2 is found not suitable/not meeting requirement, then these applicant/s under Group-1 & Group-2 along with applicants under Group-3 (who did not offer land along with application) would be advised by the OMCs to provide suitable land in the advertised location/stretch, within a period of 90 days from the date of issuance of intimation letter to them through SMS/e-mail. In case the applicant fails to provide suitable land within the prescribed period, or the land provided is found not meeting the laid down criteria, the application would be rejected.”
2.1 Learned counsel for the petitioner, while referring to the above
A 20 P 2 U 5 R . V 1 A 2.11 12:18 extracted eligibility criteria, contends that since the land offered by the
petitioner was found unsuitable, respondent No.2 – Head of Territory Office, T.M. Retail, Sangrur, Punjab, was required to advise the petitioner as well as the other candidates, to provide suitable land in the advertised location/stretch within a period of ninety days from the date of issuance of the intimation letter to them through SMS/e-mail. Learned counsel further submits that no such recourse was adopted by respondent No.2.
3. At this stage, learned counsel for respondents No.1 and 2 submits that the above extracted requirement under the eligibility criteria, as mentioned in the Brochure (Annexure P-1), shall be complied with (if not already done) within a period of fifteen days from today for all the candidates.
4. Keeping in view the aforesaid stand taken by learned counsel for respondents No.1 and 2, no further orders are required to be passed in the present writ petition and the same is, accordingly, disposed of.
5. All the pending application(s), if any, shall also stand closed.
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