VEERENDR SINGH SIRADHANA,J. - (1.) Aggrieved of the order dated 3rd February, 2004 (Annexure-22) and of the action of the respondent number 1, in withdrawal of the application for No Objection Certificate from the District Collector, Sikar; the petitioner has instituted the present writ application praying for the following relief(s) : "(i) quash and set aside the order and application of respondent No. 1 by which the application of NOC has been withdrawn from the District Collector, Sikar (Anx. 29). (ii) further please to quash and set the order dated 3.2.2004 (Annexure-22) passed by the respondent No. 2. (iii) further pleased to cancel the advertisement (Annexure.23) issued by the respondent No.1 to the extent of fresh allotment of Retail Outlet at village Dadiya (Daulatpura), Dist. Sikar under female quota (iv) further pleased to quash and set aside the order dated 27.12.04 (Annexure.37) passed by the respondent No.2 (v) further pleased to quash and set aside the allotment of Retail outlet of IOC in favour of respondent No.3 on land bearing khasra No. 1242/166 situated at village Dadiya (Daulatpura) Dist. Sikar and (vi) further pleased to direct the respondents Nos.1 and 2 to issue NOC in the name of the petitioner and pass order of allotment for establishing the Retail Outlet of IOC on the land Khasra No. 1241/166 Rakba 0.22 Hectare at village Dadiya (Daulatpura) Dist. Sikar in favour of the petitioner. For This Act Of Kindness The Petitioner Shall Every Pray."
(2.) Briefly, the essential skeletal material facts necessary for appreciation of the controversy raised herein are that the petitioner applied for allotment of Retail Outlet on 16th October, 2002. It is pleaded case of the petitioner that he purchased land bearing Khasra No. 1242/166 and also deposited conversion charges for conversion of the land for establishment of a Retail Outlet. The respondent - Indian Oil Corporation (for short "the respondent-Corporation"), also moved an application for grant of Objection Certificate' for establishing the Retail Outlet. The matter was referred to the concerned authorities for necessary action. However, in the meantime, the sellers of the land involved herein, lodged a complaint with the District Magistrate, Sikar, to issue No Objection Certificate to the petitioner. Consequently, an order was made, which became subject matter of S.B. Civil Writ Petition Number 3273 of 2003, wherein the order of the District Magistrate, Sikar, was quashed with a further direction to decide the matter afresh affording opportunity of hearing to the petitioner within seven days of receipt of the copy of the order dated 25th November, 2003, passed by this Court. In the meantime, another advertisement was issued by the respondent-Corporation on 19.01.2004; inviting applications from the eligible candidates for allotment of Retail Outlet Dealership of Petroleum Products. However, the advertisement was limited to female candidates only.
(3.) Learned counsel, Mr. Anoop Dhand, appearing on behalf of the petitioner, reiterating the pleaded facts and grounds of the writ application, vehemently argued that the entire proceedings including allotment of Retail Outlet Dealership of Petroleum Products in favour of the respondent number 3 was made for oblique motives and in order to favour respondent number 3 at the instance of the then member of the parliament for Sikar. According to the learned counsel, the District Magistrate, Sikar, declined the application instituted by the respondent-Corporation for the petitioner withdrew his application, which was submitted in response to advertisement (Annexure-1), wherein the last date of submission of the application, by the eligible candidates, was 9th October, 2002, by 2.00 PM.;