SHYAM SUNDER BAHETI Vs. HINDUSTAN PETROLEUM CORPORATION LIMITED
LAWS(RAJ)-2013-4-12
HIGH COURT OF RAJASTHAN
Decided on April 02,2013

Shyam Sunder Baheti Appellant
VERSUS
HINDUSTAN PETROLEUM CORPORATION LIMITED,Sachin Acharya,Rakesh Chotia Respondents

JUDGEMENT

GOVIND MATHUR,J - (1.) RESPONDENT Hindustan Petroleum Corporation Limited (for short, 'HPCL') under the advertisement Annex.1 invited applications from the eligible persons for awarding retail outlet dealership of its petrol pumps. In pursuant thereto respondent No.5 Dharampal Singh submitted an application for grant of dealership of retail outlet at State Highway No.6 near village Tauliyasar within a stretch of 2 kms. The respondent No.5 was the only applicant, therefore, after considering all relevant aspects, respondent HPCL issued a letter of intent in his favour. Being aggrieved by the same, (2) this petition for writ is preferred. As per the petitioner, the retail outlet has been given by HPCL near village Jaitsar and beyond the stretch of 2 kms from both terminals of the revenue village Tauliyasar. It is asserted that if such relaxation would have been mentioned in the advertisement, then the petitioner too could have applied to have dealership for retail outlet. A reply to the writ petition has been filed on behalf of the respondent No.5 stating therein that as a matter of fact, the retail outlet has been given within the stretch of distance prescribed. Without prejudice to above, it is also submitted that the petitioner is having no locus in view of the fact that he did not choose to get himself considered for grant of retail outlet dealership. Having considered the arguments advanced, I do not find any merit in this petition for writ. It is not in dispute that the retail outlet dealership is awarded at State Highway No.6 and as per the document Annex.R/5/3, the land where petrol pump is to be established is within the stretch of 2 kms from village Tauliyasar. The dispute sought to be agitated by the petitioner, as a matter of fact, in view of the document aforesaid is non-existen Suffice to mention here that the petitioner has also (3)filed a document from Public Works Department (Annex.9), according to which, village Jaitsar is at the distance of 80 kms. from Bikaner. The document Annex.9, though prescribes distance of village Jaitsar, but that is not so definite with regard to place where the petrol pump is to be installed as the document Annex.R/5/3 is. In view of this factual position, the writ petition is bereft of merit. The same, therefore, is dismissed. Pramod;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.