JUDGEMENT
SANJAY KISHAN KAUL,J. -
(1.) ADMIT . Learned counsels for the respondents accept notice.
At request of learned counsels for the parties, the appeal is
taken up for final disposal.
(2.) RESPONDENT No. 1 (Indian Oil Corporation Limited) invited applications from eligible persons for allotment of Kisan Seva Kendra
(Retail Outlet) for various locations in the State of Haryana in order to
make available rural and agricultural consumers diesel, petrol,
lubricants and other agricultural and non -agricultural products. The
outlet was to be joint enterprises of the Corporation and the prospective
dealer on land which was owned by the prospective dealer or could be
taken on lease. In this behalf, an advertisement was published on
23.08.2010 and the appellant before us was one such applicant qua the outlet to be set up in village Sudhrana, Block Nahar, Tehsil Kosli,
District Rewari in the open (woman) category. In order to meet the
parameter of land, 1/3rd share of the husband of the appellant in 10
acres agricultural land was offered as a site.
The Selection Committee held interviews on 10.03.2011 where six applicants in the category were considered. It is respondent
No. 2 who was declared at merit position No. 1, while the appellant
was placed at No. 2 position. The appellant aggrieved by the same filed
CWP -11792 -2011 under Article 226 of the Constitution of India.
(3.) NOTICE of motion was issued in the writ petition on 11.07.2011 and interim order was granted to the extent that any allotment of retail
outlet would be subject to the outcome of the writ petition. It is during
the pendency of the writ petition, thus, that the outlet was
commissioned on 08.12.2012 i.e. a year and a half after the said order
and, thus, respondent No. 2 is stated to have proceeded to take
necessary steps thereafter fully conscious of the fact that the allotment
would have to abide by the final result in the writ petition.;
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