Swatanter Kumar, J. - (1.) We have heard the learned counsel for the parties at some length.
(2.) In this petition under Articles 226/227 of the Constitution of India, petitioner prays for quashing the allotment of the retail out -let of petrol pump, by Bharat Petroleum Corporation Limited (hereinafter referred to as 'Corporation'), in favour of respondent No.23. According to the petitioner an advertisement was issued in the English Daily "Tribune". dated 22.08.2000 with regard to dealership of retail out -let of petrol pump for Lohar Majra District Fatehgarh Sahib for open category, There are two Lohar Majras in District Fatehgarh Sahib - One is 'Lohar Majra Khurd' and the other is 'Lohar Majra Kalan'. The petitioner claims that before applying and in order to verifying the facts, he went to the office of the Corporation and made enquiries. There he was shown the survey map which showed the said out -let to be allotted at Lohar Majra Kalan near Govind Mandi, though in the advertisement it was described only as Lohar Majra, The petitioner applied for the allotment of the said out -let, The interview was held on 1.2.2001. The result was declared on the same day and the claim of the petitioner was rejected. The out -let was allotted to respondent No.3. The further allegation of the petitioner is that respondent No.3 in connivance with respondent No.2 has got shifted the retail out -let of petrol pump from Village Lohar Majra Kalan to Lohar Majra Khurd, contrary to the survey report and with ulterior motive to cause illegal benefit to the said respondent.
(3.) Upon notice, separate replies had been filed on behalf of respondents No.2 and 3. The facts are hardly in dispute, However, it is categorically stated that the competent authority i.e. Indian Oil Corporation allocates the location for distribution of out -lets. According to this respondent the site at Lohar Majra Kalan was found to be non -feasible much prior to the date of advertisement. The survey report dated 18,11.1995 gave the following observations: - "As the location is in interior rural market having almost negligible transport sales. The potential of Bahadurgarh is proposed which is around 8 Kms from Lohar Majra".;