- (1.) Petitioner, an aspirant for allotment of Retail Outlet Dealership for Serial No.200, near Daulatpura, Megha Highway No.7 from 103 to 109 under open category, offered his candidature for selection pursuant to notification/advertisement dated 10.08.2010 published in daily newspaper Rajasthan Patrika. The application submitted by the petitioner with requisite documents and testimonials was scrutinized by the respondent Oil Company ('HPCL') and he was called for interview on 11.11.2010 alongwith private respondent Ramkaran.
(2.) After interview, the Selection Committee awarded total marks 72.1 to the petitioner and he was assigned merit position No.1 whereas private respondent was awarded 69 marks with second position in the merit. Feeling disgruntled with the awarding of marks and assigning merit position at the top to the petitioner by the Selection Committee, the private respondent laid a complaint before the respondent-HPCL. On scrutiny, HPCL found the complaint of private respondent frivolous and vexatious and, therefore, while rejecting the complaint a Letter of Intent ('LOI') was issued in favour of the petitioner on 21.05.2012. The issuance of LOI in favour of the petitioner furnished a cause of grievance to the private respondent and, therefore, he preferred a writ petition before this Court which was registered as S.B.Civil Writ Petition No.7144/2012. While admitting the aforesaid writ petition, this Court passed the following interim order on 17.12.2012:- "Heard learned counsel for the parties. Admit. Notices need not be issued to the respondents No.1 to 4 as they are represented by their counsel. Let notice be issued to the respondent No.5. In the meanwhile and until further orders, the respondents are restrained from finalizing the allotment of Retail Outlet Dealership at Daulatpura Mega Highway No.7 from Km.103 to 109 and the respondent No.5 District Collector, Nagaur is restrained from issuing NOC in favour of the respondent HPCL in respect of the retail outlet in question. Let the matter be listed for final disposal at this stage on 10.1.13 as prayed."
(3.) Subsequent to issuance of LOI to the petitioner, he made endeavour for conversion of the land proposed for setting up of retail outlet for commercial purpose and in the interregum, respondentHPCL prepared a site map of the proposed land for endorsing the same to Public Works Department ('PWD') on 05.10.2012 for soliciting its No Objection Certificate ('NOC'). In response to the communication sent by HPCL, Public Works Department vide its letter dated 14.03.2013 declined to issue NOC by citing the reason that the land proposed by the petitioner is not meeting the requisite measurement and size in accordance with the prescribed norms.;