SHRI DUBOM TEKSENG Vs. INDIAN OIL CORPORATION LIMITED AND ANOTHER
LAWS(GAU)-2018-2-136
HIGH COURT OF GAUHATI
Decided on February 05,2018

Shri Dubom Tekseng Appellant
VERSUS
Indian Oil Corporation Limited And Another Respondents

JUDGEMENT

AJIT BORTHAKUR,J. - (1.) Heard Mr. Ujjal Kumar Goswami, learned counsel for the petitioner. Also heard Mr. D. K. Sarmah, learned standing counsel, for the respondents IOCL.
(2.) The case of the petitioner, in brief, in W.P.(c)670(AP)2017 is as follows: In the year 2014, the Indian Oil Corporation Limited through the Divisional Office, Guwahati, Assam, issued an advertisement for award of Retail Outlet Dealership for Yingkiong along Along-Yinkiong Road, Upper Siang, Arunachal Pradesh. In Draw of Lots(Lottery), dated 16.02.2017, the petitioner was declared as the winner, so the petitioner was hoping for Letter of Intent(LoI) from the respondent. However, on 17.09.2017, the petitioner through one of the candidates came to know that Re-Draw of Lots(Lottery) is fixed on 20.09.2017. But the petitioner did receive any notice/order from the respondent, whereby the result of Draw of Lots(Lottery), dated 16.02.2017, being cancelled by the respondent. The petitioner is also yet to receive any intimation about the Re-Draw of Lots (Lottery) personally from the respondent. Hence, by the instant Writ petition, the petitioner has prayed to set aside and quash the Re-Draw of Lots for selection of RO dealership for Yingkiong on Along-Yingkiong Road, dated 20.09.2017, and to direct the respondent to issue Letter of Intent (LoI) to the petitioner for RO dealership for Yingkiong on Along-Yingkiong Road in terms of result of the Draw of Lots (Lottery), dated 16/02/2017.
(3.) When the said writ proceeding was pending before the Court, the instant petitioner filed the subsequent writ petition being W.P.(C)789(AP)2017, contending interalia, in continuation of the earlier writ petition that on 5/10/2017, the petitioner came to know that vide Ref. No. GDO/RS/10/08, dated 29/08/2017, issued by the Chief Manager (Retail Sales) for DGM (Retail Sales), Guwahati Divisional Office, Indian Oil Corporation Limited, the petitioner's candidature for Retail Outlet Dealership had been cancelled by the respondent. Again being aggrieved by such arbitrary and malafide action on the part of the respondent, submitted a representation, dated 12/10/2017, praying for acceptance of the petitioner's candidature and in the representation also enclosed all land documents, which were rejected by the Respondent authorities vide Ref No. GDO/RS/10/08/AP, dated 16/10/2017, issued by Chief Manager (Retail Sales), Guwahati Divisional Office, Indian Oil Corporation Limited in most arbitrary and malafide manner on flimsy and non-existent grounds. However, the petitioner again submitted another representation, dated 26/10/2017, praying for award of the RO outlet to the petitioner. But it seems that the respondent authorities are inclined to correct their arbitrary and malafide action. Hence, the Writ petitioner has prayed to set aside and quash the Ref. No. GDO/RS/10/08, dated 29/08/2017, and Ref No. GDO/RS/10/08/AP, dated 16/10/2017, issued by the respondents authority and further, for a direction to the respondent-authorities to issue Letter of Intent (LoI) to the petitioner for RO dealership for Yingkiong on Along-Yingkiong Road in terms of result of the Draw of Lots (Lottery), dated 16/02/2017.;


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