Rakesh Tiwari, J. - (1.) This appeal has been preferred by the appellant/writ petitioner, Nayeem Akhtar Khan against Bharat Petroleum Corporation Ltd. and Manisha Morshed, wife of Sk. Golam Morshed, residing at Village-Hariharpur, P.O. Benapur Chandanapara, P.S.-Bagnan, District-Howrah, respondent no.6.
(2.) Writ petitioner/appellant challenges the judgment and order dated 10th March, 2016 passed by the learned Single Judge of this Court in W.P. No. 7393 (W) of 2015 on grounds that the judgment under appeal is erroneous both in law as well as on fact; that learned Single Judge committed gross error of law in considering public interest having primacy and/or overreaching the settled law and that the public authorities should be strictly bound by the terms under which distribution of public largesse has been publicly announced. But from the record it would appear that authorities proceeded with pre-determined and selective motion/purpose and extraneous consideration in awarding the dealership to respondent no.6.
(3.) The order impugned is also assailed on the ground that learned Single Judge has completely overlooked the fact that the land offered by respondent no.6 did not tally the measurement and status in her application at the time when it was fixed. Rather the approach road was not an all weather motorable road which was improved after wards. Thus the land of respondent no.6 was short of required measurement and essential conditions of advertisement. Moreover, he was also unable to offer any alternative piece of land suitable for the purpose for which advertisement was made.;