- (1.) M. Katju, J. This writ petition has been filed against the impugned select list dated 15-6-2001 Annexure-5 to the writ petition and for a mandamus directing the Selection Board to re-advertise the retail outlet of village Sohanpur, District Deoria.
(2.) HEARD the learned Counsel for the parties. An advertisement appeared in the newspaper on 25-8-2000 inviting applications for eligible candidates for running retail outlet/kerosene/ldo dealership and LPG distributorship. True copy of the advertisement is Annexure-1 to the wit petition. The petitioner applied for consideration of his candidature against the advertisement and he has alleged in paragraph 3 of the writ petition that he fulfilled all the conditions. He also produced the lease deed dated 7-9-2000 before the Selection Board at the time of interview and hence he claimed that he was entitled to preferential treatment on account of the fact that he owned is land on the site where the proposed retail outlet was to be given. Interview letter was given to the petitioner and 14-6-2001 was the date of interview. It is alleged, in paragraph 4 of the writ petition that the members of the Oil Selection Board were pre-determined and had made up their minds, to allot the petrol pump in favour of one particular incumbent who had applied in contravention of the guidelines mentioned in the advertisement. True copy of the interview letter dated 21-5-2001 is Annexure-2 to the wit petition. Photocopies of the documents, produced by the petitioner at the time of the interview are Annexures 3 and 4 to the writ petition. It is alleged in paragraph 6 of the writ petition that no person can be granted dealership if his close relative is holding dealership or distributorship or letter of intent. In paragraph 7 of the writ petition it is alleged that one Smt. Urmila Singh, respondent No. 5 had applied for allocation of retail outlet at village Sohanpur, District Deoria. It is alleged that she was not eligible because her father-in-law Rajendra Prasad was already owning one retail outlet of Hindustan Petroleum Corporation in the name of Sri Ram Automobiles, Rampur Bujurg, District Deoria. It is alleged in paragraph 10 of the writ petition that a large scale of corruption has prevailed in the matter of section of dealers of the retail outlets and guiding factors have been ignored by the Selection Board. True copies of the representation made in this connection are Annexures 6 and 7 to the writ petition. It is alleged that Smt. Urmila Singh was not eligible for grant of dealership for the reasons already mentioned above since her father-in-law was already having a retail outlet.
(3.) IN this connection on 12-7-2001 the Court granted an interim order directing that the letter of intent shall not be issued to respondent No. 5. A counter-affidavit has been filed by the respondent No. 2 to 4 and we have perused the same. It is alleged that the licence given to the petitioner's father-in-law is different from the grant of retail outlet. However, it is denied that the respondent No. 5 comes within the prohibited degree of relationship as claimed by the petitioner.;