Rahul Ramrao Pawade v. The Union Of India Thr Its Secretary And Others
2025:BHC-AUG:31473-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 935 WRIT PETITION NO.12866 OF 2025 RAHUL RAMRAO PAWADE
VERSUS
THE UNION OF INDIA AND OTHERS ...
Mr. S.N. Janakwade, Advocate for petitioner Mr. U.B. Bondar, Advocate for respondent No.1 Mr. A.P. Bhandari, Advocate for respondent Nos.2 and 3 ...
CORAM :
SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.
DATE :
12th NOVEMBER, 2025 ORDER :
( PER : SMT. VIBHA KANKANWADI, J. ) .
Present petition has been filed for following reliefs : "A) By issuing appropriate writ, order or directions in like nature, this Hon'ble Court may be pleased to quash and set aside the impugned communication letter dated 13.12.2023 issued by respondent No.3 cancelling candidature of petitioner for Retail Outlet Dealership of Petrol Pump for location No.877 in Nanded district as per advertisement.
B) By issuing appropriate writ, order or directions in like nature, this Hon'ble Court may be pleased to direct respondent No.3 to accept initial security deposit of Rs.50,000/- for Retail Outlet Dealership of Petrol Pump and permit to upload documents and further be pleased to direct to process the application for further compliance of Dealership of Petrol Pump for location No.877 in Nanded District as per advertisement."
Heard Learned Advocate Mr. S.N. Janakwade for petitioner, learned Advocate Mr. U.B. Bondar for respondent No.1 and learned Advocate Mr. A.P. Bhandari for respondent Nos.2 and 3. Respondent No.2 had published advertisement inviting applications for appointment of regular and rural Dealership of Bharat Petrol Pump in the State in group of categories. Petitioner was interested for dealership and was fulfilling the criteria. He had given his candidature for the location in the advertisement for proposed Dealership in Nanded district for location at Sr. No.877 like within 3 k.ms. radius of Raj Corner Chowk in Nanded district within Municipal limits. He filed his online application on 23.09.2023 and intimation of selection letter was issued by respondent No.3 on 19.10.2023 and it was declared that petitioner is provisional selected candidate in draw of lots for Retail Outlet Dealership subject to compliance of terms and conditions for which the petitioner should deposit initial security amount and to upload relevant documents for the purpose of processing his
application further. The petitioner contends that he was suffering from 'Dengue shock syndrome' and was admitted in Shri. Sai Hospital, Nanded on 24.10.2023 and was discharged on 06.11.2023. He could not deposit the initial security amount of Rs.50,000/- due to his illness. Due to illness he had not opened the e-mail sent by respondent No.3 and could not get the knowledge about the reminder letters. He came to know about the cancellation of his candidature on 15.12.2023. He immediately sent mail to respondent No.3 that still he is interested for Dealership of Petrol Pump and his security deposit should be accepted, however, it was not responded. Hence, the petition.
Learned Advocate for petitioner after taking us through the entire documents submits that it is only the question of payment of security deposit which could not be deposited by petitioner due to his ill health. He relies on the decision by Hon'ble Single Bench of Madhya Pradesh High Court at Jabalpur in Hanumat Singh Lodhi s/o Shri. Bhopal Singh vs. Indian Oil Corporation Limited in Writ Petition No.26713 of 2022 decided on 22.11.2022, wherein the petitioner therein was allowed to deposit the amount for the reasons stated.
The first and the foremost fact that is required to be noted is that
for cancellation of candidature in 2023 petitioner is approaching this Court in 2025. The petitioner has produced on record copy of letter dated 13.12.2023, wherein it is stated that petitioner was informed by letter dated 19.10.2023 to submit initial security deposit which was not responded. Further, it appears that respondent No.3 gave one more opportunity to submit initial security deposit and specified documents vide their letter dated 04.11.2023. Now, he is taking advantage of his admission due to Dengue and his admission between 24.10.2023 and 06.11.2023. Thereafter i.e. after the receipt of letter dated 13.12.2023 he could have approached this Court for the directions he has now sought. But, there is absolutely no explanation as to why he has not approached this Court till 09.07.2025. The petition suffers from delay and latches and, therefore, cannot be entertained. The petition stands dismissed.
( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd