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;
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