HARISH TANDON,J. - (1.) Having lost in an earlier round of litigation up to the Supreme Court, the respondent no. 5 is still banking upon to put spanner to the rights accrued to the petitioner in terms of the order passed by the Division Bench. A little prelude to the fact embolden in the instant writ petition is required to be adumbrated to address the arguments advanced before this court.
(2.) At the very outset this court must record that the facts pleaded in the writ-petition are more or less undisputed and this court decided to proceed with the writ-petition on such undisputed and admitted facts without banking upon any disputed facts pleaded in the writ-petition and, therefore, do not invite the parties to exchange affidavits.
(3.) The undisputed facts as unfurled are that the Indian Oil Corporation (IOC), invited the application from various persons for allotment of LPG dealership under Rajiv Gandhi Gramin LPG Vitarak Scheme (RGGLV) at village Rukunpur under Rukunpur Mouza under Rukunpur Gram Panchayat in the district of Murshidabad. The said application was under open category and, therefore, was available to all persons belonging to different categories to apply. Indubitably, the petitioner as well as respondent no. 5 along with other applied for dealership and the petitioner emerged successfully in the lucky draw. One of the requisite conditions in the said invitation was that the property must be situated within the village Rukunpur or Rukunpur Mouza and the petitioner also applied identifying the property within the said area. The moment respondent no. 5 found that he is put into second position several reports and certificates were obtained from different authorities in order to support the objection that the land offered by the petitioner actually does not fall within the village Rukunpur area or Rukunpur Mouza which is one of the conditions incorporated in the said invitation and, therefore, the application of the petitioner should be dismissed.;