Dhirendra Prasad Roy vs The Indian Oil Corporation ...
2023 Latest Caselaw 959 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.13318 of 2022
     ======================================================

Dhirendra Prasad Roy, Son of Late Bahadur Roy, resident of Village- Budhi Maa Tola, Sultanpur, Post Office and Police Station-Barsoi Bazar, District-Katihar.

... ... Petitioner/s Versus

1. The Indian Oil Corporation Limited through its Chairman, Corporate Office, Lot No. 3073/3, Sadia Nagar, 18 Tito Marg, New Delhi-110049.

2. The Chairman, Indian Oil Corporation Limited Corporate Office, Lot No. 3073/3, Sadia Nagar, 18 Tito Marg, New Delhi-110049.

3. The Director (Marketing) Indian Oil Corporation Limited, Indian Oil Bhawan, G-9 Ali Javar Jung Marg, Bandra (East), Mumbai- 400051.

4. The General Manager, Indian Oil Corporation Limited (Marketing Division), Bihar State Office, Lok Nayak Jai Prakash Bhawan (5th Floor) Dak Bunglow Chowk, Patna-800001.

5. The Head of the Divisional Office, Indian Oil Corporation Limited (Marketing Division), Begusarai Divisional Office, P.O.- Barauni Oil Refinery, District-Begusarai (Bihar) 851114.

6. The Divisional Retail Sales Head, Begusarai Divisional Office, P.O.-Begusarai Oil Refinery, District-Begusarai (Bihar) 851114.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar Jha, Adv.

Mr. Jibendra Mishra, Adv.

For the Respondent/s: Mr. Sanat Kumar Mishra, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 13-03-2023

1. The petitioner by way of this writ petition prays

for considering his candidature for allotment of Retail outlet

(R.O. Dealership) at location 1 K.M. either side of Barsoi Patna High Court CWJC No.13318 of 2022 dt.13-03-2023

Bank Chowk, for which advertisement was issued by the

respondent.

2. Learned counsel for the petitioner submits that

the petitioner is from S.C. category and had applied and for

the said purpose he had developed his land. Initially, his

application was not being considered on the basis that the

land consists of two plots, however, the reason was changed

later on and his application was rejected on the ground that

the plot which he had earmarked for the purpose of

establishment of petrol pump was found to be short by 76

cms in area from the back side. Learned counsel for the

petitioner submits that the area as advertised cannot be said

to be rigid for the purpose of establishment of petrol pump

and 76 cms short of the total area cannot be said to be a

sufficient ground for rejecting otherwise suitable application

of the petitioner.

3. The Court had directed the respondents to find

out as to whether in similarly situated case any relaxation in

terms of area stands accorded to them in Bihar.

4. Learned counsel appearing for the respondents

has taken this Court to its affidavits to point out that the Patna High Court CWJC No.13318 of 2022 dt.13-03-2023

relaxation is not available in the area or in the measurement

of the front side as well as the depth of at least one side of

the concerned plot. Learned counsel for the respondent

submits that the land was been found to be short by 76 cms

in length from the back side and due to the same the total

area also fall short of the requisite area of 1225 square

meters. The area being sacrosanct cannot be interfered with

nor any power of relaxation is available with the the

Selection Committee.

5. I have considered the submission, an area was

earmarked in the advertisement notice dated 25.11.2018

mentioning that the plot to be offered for location has to be

1225 square meters. The said advertisement is an open

advertisement and therefore, only those applicants could

have applied who possess a plot having minimum area of

1225 square meter. Petitioner having lesser land than

required could not therefore, have applied for the said

advertisement. Asking for a relaxation subsequently, is not

sustainable in eyes of law. No person who has applied

wrongfully can claim relaxation subsequently, it would

amount to being partial towards an individual person if Patna High Court CWJC No.13318 of 2022 dt.13-03-2023

relaxation is allowed in such manner. Principle of parity has

to be maintained for all.

6. In these circumstances, claim of the petitioner is not

found to be made out. The writ petition is found to be devoid

of merits and is accordingly dismissed.

Suraj/-

Item No. 45 (Sanjeev Prakash Sharma, J) AFR/NAFR CAV DATE Uploading Date Transmission Date