- (1.) The present appeal arises from order dated 03.05.2016 in S.B.Civil Writ Petition No.4518/2016. The Learned Single Judge dismissed the writ petition declining to interfere with order dated 14.12.2015 rejecting the representation of the appellant preferred consequent to the observation dated 8.4.2015 in S.B.Civil Writ Petition No.978/2015.
(2.) Shri Mathur, Learned Senior Counsel for the appellant submitted that the land offered by the appellant for the LPG dealership was located opposite the Khushkhera Industrial Area. A road 150 feet wide only divided the lands from the industrial area. The land was easily accessible by road. The land was otherwise fully suitable for LPG dealership to the satisfaction of the respondents. The rejection of his candidature on 18.12.2014 for that singular reason was therefore unjustified. Earlier in S.B.Civil Writ Petition No.978/2015 preferred against the order, this Court had directed him to represent and which was to be considered sympathetically including relaxation of the conditions. The representation has been rejected on 14.12.2015 without proper consideration including relaxation.
(3.) Counsel for the respondents opposing the appeal submitted that the representation has been duly considered and disposed by a reasoned order. The internal communication dated 10.12.2015 is ample evidence of fairness and full application of mind to the representation before rejecting it. The learned Single Judge has held that on the appellants own showing the land offered by him did not fall within the advertised area for establishment of the dealership in the Khushkhera Industrial Area. The location was an essential condition of the advertisement and which was the exclusive domain of the respondents. The dealership cannot be located at a site other than that advertised. The information furnished by the appellant with regard to the lands offered by him was found to be not in consonance with the advertisement during the field investigation report.;