- (1.) The Appellants of both the appeals have challenged the common impugned order and judgment dated 16th of January, 1995 passed by one of the Hon'ble Single Judge of this Court in C.W.J.C. No. 10962 of 1994, by which while allowing the writ petition the letter of intent dated 9th of February, 1994 as contained in Annexure-5 to the writ petition has been quashed. By the said letter of intent dated 9th of February, 1994, Appellant, Shyam Sunder Singh 'Dhiraj' was given permission to open a retail outlet of petrol pump of I.B.R Company Limited on the recommendation of the Oil Selection Board.
(2.) The main grounds taken, by the Appellant are as follows: (a) Without any notice to the Appellant the writ petition has been allowed in favour of the writ Petitioner-Respondent No. 6; (b) The Hon'ble Single Judge has erred in holding that the Appellant, Shyam Sunder Singh 'Dhiraj' had not resided in the district of Begusarai for a period of five years, prior to the last cut-off date as mentioned in the advertisement and thereby wrongly held the Appellant, Shyam Sunder Singh 'Dhiraj' as not resident of the district of Begusarai (Bihar).
(3.) The brief facts of the case lie in a narrow compass, as stated below: An advertisement dated 5th of February, 1993 (Annexure-2 to the writ petition) was published in the newspaper for grant of retail outlet dealership in the district of Begusarai by the I.B.P. Company Limited. One of the eligibility criteria mentioned therein was that the applicant should be a resident of the district of Begusarai, at least for five years, immediately prior to the date of application. The Appellant, Shyam Sunder Singh 'Dhiraj' along with other, including the writ Petitioner Respondent No. 6 applied in pursuance of the said advertisement for retail outlet dealership. Interviews were held by the Oil Selection Board. The Oil Selection Board forwarded the merit list to I.B.P. Company Limited. The name of the Appellant, Shyam Sunder Singh 'Dhiraj' being No. 1 in the merit list, vide letter dated 9th of February, 1994 (Annexure-5 to the writ petition), the letter of intent was given in favour of the Appellant for opening a retail outlet dealership in the district of Begusarai.;