Sandip Gorakh Naik v. The Union Of India Through Secretary And Another
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 934 WRIT PETITION NO.8594 OF 2021 Sandeep Goakh Naik, Age; 25 years, Occ; Nil, R/o; At Post Sudarde, Tq. & Dist. Nandurbar.
...PETITIONER
VERSUS
1.
The Union of India Through the Secretary, Ministry of Petroleum and Natural Gas. Shastri Bhaven, New Delhi - 110 001.
2.
Bharat Petroleum Corporation Ltd.
Manmad Installation, Manmad, Nandrgaon Road, Panewadi, Manmad 423 104.
Through its Regional Manager.
...RESPONDENTS ...
Advocate for Petitioner : Mr.Jain Rakesh N. and Mr.Salgar Suresh P. Advocate for Respondent No. 1 : Mr.R.R.Bangar and Mr. Munde Suresh W.
Advocate for Respondent No. 2 : Mr.Bhandari Anand P. ...
CORAM : MANGESH S. PATIL & SANDEEP V. MARNE, JJ.
DATE : 25.08.2022.
ORAL JUDGMENT : (PER - MANGESH S. PATIL, J.) .
Rule.
2.
Rule is made returnable forth with. With the consent of the learned Advocates of the respective parties, heard finally at the stage of admission.
3.
The petitioner is aggrieved by rejection of his candidature by respondent No. 2 for allotment of Petrol Pump from Group 'III' category, on the ground of absence of suitable land at the advertised location.
4.
Admittedly, the advertise contained the site location as 'Sundade village on the State Highway No. 6'. Though the petitioner while submitting application indicated that he possessed some land, conspicuously he categorically mentioned its location as 'Sundade road, Nandurbar'.
5.
On our query with the learned Advocate for the petitioner as to if the petitioner possesses any land at the advertised location at Sundade village, the learned Advocate, on instructions, answers in the negative.
6.
If it is a matter of allotment of Retail Outlet for a specific advertised location, the person who is able to offer the land either of the Group 1,2 or 3, alone would be entitled to be considered. There is
no question of consideration of petitioner's candidature. If he admittedly does not possess any land conforming to the advertised location. We find no illegality in the order. The Writ Petition is dismissed.
7.
Rule is discharged.
( SANDEEP V. MARNE ) ( MANGESH S. PATIL ) JUDGE JUDGE mahajansb/