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High CourtsSingle Bench(2020) 02 PAT CK 0091

Aasha Rajak vs Hindustan Petroleum Corporation Ltd And Ors

Patna High Court · Decided on 25 February 2020

HON’BLE JUDGES
Ashutosh Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 9418 Of 2019

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Judgment

19 paragraphs · 345 words

Let the last line of paragraph 2 of page 3 of the order dated 13.02.2020 be corrected to the extent that “has also would have been created†be

read as “also may have been createdâ€​.

The corrected copy of the order be uploaded forthwith.

The learned counsel for the respondent / HPCL has informed this Court that no agreement has been entered into with any applicant for the dealership

in question.

It may be recounted that the land offered by the petitioner for the purposes of obtaining dealership license was not found to be suitable on the

ostensible reason that two plots of land, one for the shop and the other for the godown, have been obtained from two different lessors.

The contention of the petitioner is that under the guidelines for selection of dealers, there is no such requirement that a dealer has to offer land which

is procured from a single lessor.

In that view of the matter, the decision of the respondent / HPCL does not appear to be correct.

It may also be noted that the petitioner learnt about such rejection only by way of an intimation to him, but the order of rejection of the claim of the

petitioner has not been brought on record.

This Court had, on 13.02.2020, directed either of the parties to bring such letter on record, which unfortunately has not been brought on record.

Learned counsel appearing for the HPCL submits that such order has not at all been passed.

Considering the afore-noted statement made on behalf of HPCL, this Court directs that on the petitioner making a suitable representation before the

Chief Regional Manager (Patna Regional Office), Hindustan Petroleum Corporation Ltd. (Respondent No. 2) along with a copy of this order within a

period of one week, a decision shall be taken by a reasoned order, which shall be communicated to the petitioner forthwith.

Before taking any decision on the representation of the petitioner, the contract shall not be concluded with any party.

With the aforesaid observation / direction, this petition stands disposed off.