P.K.LOHRA,J. - (1.) Appellant, Rajendra Kumar Jangu, has preferred this first appeal under Section 96 of the Code of Civil Procedure, 1908 (for short, 'CPC') to assail impugned judgment and decree dated 2nd of June, 2018, passed by Addl. District Judge, Ratangarh, District Churu (for short, 'learned trial Court'), dismissing his suit for mandatory and permanent injunction against authorities of respondent-Corporation for allotting dealership of retail outlet in question to him and to reject the application of respondent No.3.
(2.) The relevant facts, culled out from the record, are that respondent Bharat Petroleum Corporation issued an advertisement on 17.09.2011 inviting applications for establishment of retail petroleum outlet on Lachharsar-Momasar Road. The appellant-plaintiff applied pursuant to the said advertisement and after interviews one Hajari Lal Bhakar was selected at merit position No.1 securing 98.85 marks, while respondent-defendant No.3 Om Prakash stood at position No.2 with 96.37 marks and the present appellant at No.3 with 93.67 marks. It is averred that the application of the candidate who stood in merit at No.1 was rejected on account on irregularities on his part and the respondent Corporation invited the candidate who stood at position No.2. The appellant-plaintiff sought to set up a case in his favour in the suit by stating that he came to know that the land offered by respondent-defendant No.2 situated on Lachharsar-Jorawarpura Road and not at the advertised location.
(3.) It is also averred by the appellant that he invited attention of the Corporation authorities towards ineligibility of respondent-defendant No.3 by submitting representations on 10.12.2012 and 13.11.2012 but the authorities of respondent Corporation discarded his submissions and documents such as Jamabandi, report of Patwari etc in a cursory manner. Appellant also pleaded that respondent Corporation has erroneously construed the location advertised in utter disregard to the Brochure for Selection of Petrol/Diesel Retail Outlet Dealers governing selection and appointment of dealers for petroleum products. It is further averred that raising his grievance, the appellant-plaintiff sent a legal notice to the respondent Corporation through counsel on 10.06.2013 and again invited attention towards the fact of land offered by respondent No.3 not being in accordance with the norms prescribed for selection.;