JUDGEMENT
Rakesh Tiwari, J. -
(1.) This appeal preferred by Anand Narayan Singh arises out of dissatisfaction with the judgement and order dated 4th August, 2016 passed by the learned Single Judge in writ petition no.9977(W) of 2016 (Anand Narayan Singh Vs. BPCL & ors.) on the ground that the learned Single Judge has committed an error both in fact and in law by dismissing the writ petition as the Court failed to appreciate the issue involved in the writ petition and misdirected himself by considering the issues not germane in the matter. According to the appellant, the learned Single Judge reopened the issue in regard to purchase of land by the petitioner, which had been subject matter of dispute, before a coordinate Bench of this Court in writ petition no.W.P.8115(W) of 2007 (Anand Narayan Singh Vs. Bharat Petroleum Corporation Limited & ors.).
(2.) There appears to be a dispute regarding interpretation of clause-I of letter of intent dated 9th February, 2006 issued by the respondent regarding setting up retail outlet dealership at Galsi, district Burdwan which contained the terms and conditions. Clause-I of letter of intent thereof is reproduced below:-
" You will arrange a suitable piece of land admeasuring 1.4 acre (approx) with a frontage of about 300 ft. and depth of about 200 ft. at plot no.6857, JL no.54 of Mouza:Goligram at GALSI Dist:BURDWAN on NH-2 as indicated by you within a period of two months from the date of this letter, after getting suitable clearance from the Corporation in writing for the particular plot of land construct structures as per the design and specification of the Corporation."
(3.) The aforesaid letter of intent was withdrawn by the Bharat Petroleum Corporation Limited, hereinafter referred to as 'the Corporation', vide its letter dated 28th July, 2006. The appellant had made representation to the Corporation vide his letter dated 8th January, 2007 requesting furnishing of circumstances to justify the withdrawal of said letter of intent. These two letters were subject-matter of decision in aforesaid writ petition being W.P. no.8155(W) of 2007.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.