RAMA GANAGADHAR BHARADIA Vs. BHARAT PETROLEUM CORP. LTD.
LAWS(RAJ)-2019-5-139
HIGH COURT OF RAJASTHAN (AT: JODHPUR)
Decided on May 14,2019

Rama Ganagadhar Bharadia Appellant
VERSUS
Bharat Petroleum Corp. Ltd. Respondents

JUDGEMENT

PUSHPENDRA SINGH BHATI ,J. - (1.) Petitioner has preferred this writ petition claiming the following reliefs :- "a) By an appropriate writ, order or direction communication dated 24.10.2013 and the revised result may kindly be declared illegal, unjust, arbitrary and whimsical and same may kindly be quashed and set aside. b) By an appropriate writ, order or direction, the respondent Corporation may kindly be directed yo award dealership of respondent Corporation's petroleum retail outlet between Ghandhav to Ramji Ka Gol on NH 15 declaring the petitioner empanelled at serial No.1."
(2.) The bone of contention is a retail outlet advertised by the respondents on 09.06.2012 prescribing condition for allotment of dealership between Ghandhav to Ramji Ka Gol on NH 15 under open category mentioned at serial no.326. The petitioner and the private respondent No.3 participated in the process along with other competitors. The petitioner secured second place in the merit and challenged the empanelment of respondent No.3 by making a complaint against him. The petitioner claims that on account of the respondent No.3 being a previous employee of the Corporation, he has been given higher marks in the head of Experience. The petitioner earlier filed S.B. Civil Writ Petition No.2041/2013 before this Hon'ble High Court which was dismissed on 17.12.2014 on having become infructuous upon the consideration being made by Higher Level Committee nominated by the appropriate authority.
(3.) Learned counsel for the petitioner has submitted that decision taken by the respondents on 24.10.2013 is unlawful, as on the complaint of the petitioner, it was not open for the respondent to review the marks of the petitioner also. It is also contended by learned counsel for the petitioner that 4 marks for the fixed assets has been wrongly revised from 4 to 0 on account of the petitioner not submitting any ownership document with respect to the fixed assets.;


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