MD. ZIAUR RAHAMAN Vs. INDIAN OIL CORPORATION LTD. AND OTHERS
LAWS(CAL)-2017-6-199
HIGH COURT OF CALCUTTA
Decided on June 15,2017

Md. Ziaur Rahaman Appellant
VERSUS
Indian Oil Corporation Ltd. and Others Respondents

JUDGEMENT

R.K.BAG,J. - (1.) The petitioner has filed this writ petition challenging the letter dated November 10, 2016 (Annexure P/30 to the writ application) issued by the Chief Area Manager, Indian Oil Corporation Limited, Kolkata Area Office, by which Letter of Intent issued in favour of the petitioner on February 27, 2015 was withdrawn.
(2.) The petitioner submitted application for Rajiv Gandhi Gramin LPG Vitrak in response to the advertisement given in the "Anandabazar Patrika" by Indian Oil Corporation on January 21, 2014. The last date for submission of such application was February 24, 2014 as indicated in the said advertisement. The area for which the petitioner submitted application for LPG Distributorship is Serpur (Borali). The contents of the application submitted by the petitioner indicate that the petitioner declared as owner of the land in Mouza - Garaijuli by virtue of two separate registered deeds dated February 19, 2014 and February 21, 2014. The field verification was done by the authority concerned in respect of the land declared by the petitioner for the purpose of construction of godown and showroom. On February 27, 2015 the Letter of Intent was issued in favour of the petitioner by the Chief Area Manager of Indian Oil Corporation Limited on the basis of terms and conditions incorporated in the said Letter of Intent. It is contended on behalf of the petitioner that the petitioner completed all the formalities in compliance with the terms and conditions incorporated in the Letter of Intent, but the Indian Oil Corporation did not arrange for supply of LPG for distribution. The petitioner submitted series of representations in this regard before the authority concerned. Ultimately, on November 10, 2016 the Chief Area Manager, Kolkata Area Office of Indian Oil Corporation Limited had withdrawn Letter of Intent by issuing letter dated November 10, 2016 (Annexure P/30 to the writ application), which is under challenge in the present writ application.
(3.) On consideration of letter of withdrawal of Letter of Intent dated November 10, 2016, I find that the Letter of Intent was withdrawn on two grounds: first, the petitioner offered land for construction of godown at Garaijuli which is the location advertised in the newspaper for construction of godown, secondly, the petitioner constructed the godown on plot no. 701 and plot no. 702, whereas the petitioner had shown plot no. 697 (wrongly typed as plot no. 607 in the letter dated November 10, 2016) and plot no. 701 at the time of field verification by the agent of Indian Oil Corporation Limited.;


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