High CourtsSingle Bench(2020) 01 PAT CK 0123

Ram Babu Prasad Rai vs Union Of India And Ors

Patna High Court · Decided on 7 January 2020

HON’BLE JUDGES
Ashutosh Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 8056 Of 2019

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Judgment

14 paragraphs · 276 words
1.

The petitioner has approached this Court for a direction to the respondents not to resort to the draw of lots for selecting the dealer for regular and

retail outlet of Hindustan Petroleum Corporation Ltd.

2.

The aforesaid prayer has been made on the strength of one of the terms/clauses of the guidelines in that regard, which mandate that in case only

one eligible person is the applicant, then in that event, there would be no requirement of drawing of lots for the selection of candidate and an

agreement can be entered into with such lone eligible candidate.

3.

Though the petitioner has made a categorical statement in the writ petition that all other applicants, viz., respondent Nos. 5 to 10 do not possess the

requisite quality of land for their bid to be responsive to the advertisement, but such statement is based on the personal knowledge of the petitioner.

Such personal information, without there being any basis for the same, cannot be relied upon by any Court for issuance of Mandamus.

4.

Having failed on this count, the learned counsel has rightly prayed for a direction to the respondents to dispose of the complaint/representation made

on his behalf before the Managing Director, Hindustan Petroleum Corporation Ltd.

5.

Though with some reluctance, but keeping in mind the principle that any complaint made before a public authority must be adverted to, this Court

only directs that the representation/complaint of the petitioner be disposed of at the earliest, preferably within a period of four weeks, by a reasoned

order in accordance with law.

6.

The writ petition stands disposed of in terms of what has been stated above.