Raghunath Prasad Raman v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5233 of 2020 ====================================================== Raghunath Prasad Raman, Son of Pitambar Hathi, Resident of Ward No. 5, Jhajhihat, Janakpur Road, P.S. Pupari, District- Sitamarhi. ... ... Petitioner/s
Versus
1.
The Union of India through the Secretary, Ministry of Petroleum, New Delhi.
2.
The Managing Director, Indian Oil Corporation Ltd., New Delhi. 3.
The Regional Manager, Indian Oil Corporation Ltd., Krishna Complex, Muzaffarpur.
4.
The Head of Divisional Office, Muzaffarpur Divisional Office, Indian Oil Corporation Ltd., Krishna Complex, Akharaghat Road, Muzaffarpur ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jagdhar Prasad, Advocate For Indian Oil Corp.
:
Mr. Shailesh Kashyap, Advocate For Union of India :
Mr. Ravindra Shrama, Advocate Mr. Lokesh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 10-10-2022 Heard learned counsel for the parties.
The petitioner has prayed for the following relief/s :- "1. That this writ application is being filed for issuance of writ in the nature of certiorari for setting aside the letter dated 22.01.2020 (Ann.-4) by which the respondent no.4 has
2/4 cancelled the selection of petitioner and for issuance of writ of mandamus for commanding the respondents to restore the candidature of petitioner whose selection was succeeded in Draw lots dated 06.12.2019 for Award of RO dealership at Balha Maksudan on SH-87 District Sitamarhi and further for appropriate writ for any other relief or reliefs to which the petitioner is found entitled."
The impugned letter dated 22nd of January, 2020 (Annexure - 4, Page -30) reads as under :- "Indian Oil A Maharatna Company Ref; 15453195977298 To, Mr. RAGHUNATH PRASAD RAMAN Address :Ward No.05, JHAJHIHAT, NAGAR PANCHAYAT, JANAKPUR ROAD, PUPRI DISTRICT: SITAMARHI STATE: BIHAR Pin Code: 843320 Subject: Application for award of RO dealership at Balha Maksudan on SH-87 District Sitamarhi under Open Category Advertised on 25-Nov-2018 Dear Sir,
1. Please refer to your application received by us as Application form No.15453195977298 on the subject.
2. Please also refer to our letter dated 07-Dec-2019 and wherein you were advised to submit initial Security Deposit & the specified documents.
3. We have further given you and opportunity to submit initial Security Deposit & the specified documents vide our letter dated 01-Jan2020.
4. However, we have not received initial Security Deposit & the specified documents from you.
5. In view of the above, we regret to inform you that your candidature stands cancelled as per guidelines. Thanking you
3/4 Yours faithfully For Indian Oil Corporation Ltd.
Rajib Biswas Head of Divisional Office Muzaffarpur Divisional Office Krishna Complex, Akharghat Road, Muzaffarpur -824001 0612-2210111"
The explanation forthcoming for non-proceeding any intimation, as set out in Annexure-5 is non-availability of the mobile network. Well, insofar as the action of the respondent is concerned, he had taken all steps in intimating the petitioner who was declared to be successful of the draw lots that certain documents were required to be submitted which was unfortunate for the petitioner not so done in accordance with the guidelines issued by the respondent which binds the petitioner. Petitioner failed to submit the initial security deposit and the documents specified in the guidelines.
As such, we find no illegality or perversity in the impugned order dated 22.01.2020 (Annexure-4). In any event, we find that with the passage of time, the present petition has become infructuous for fresh allotment in favour sites stands allotted to another successful bidder. The instant petition sands dismissed in the aforesaid terms.
4/4 Interlocutory Application(s), if any, stands dismissed.
(Sanjay Karol, CJ) ( Satyavrat Verma, J) vikash/Ashwini AFR/NAFR CAV DATE Uploading Date 12.10.2022 Transmission Date