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Bombay High CourtWP/10333/2014disposed offdismissed for default

Suresh Dayaram Mahajan v. The Hindustan Petroleum Corporation Ltd, Mumbai And Others

2015-03-09Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) WP NO.10333/2014 52 WRIT PETITION NO. 10333 OF 2014 WITH CA/12943/2014 IN WP/10333/2014 SURESH DAYARAM MAHAJAN

VERSUS

THE HINDUSTAN PETROLEUM CORPORATION LTD, MUMBAI AND OTHERS ...

Advocate for Petitioner : Mr. R.R.Mantri h/f Mr. Agrawal Bhoomit A. AGP for Respondent State: Mr. G.R.Ingole Advocate for respondent nos. 1 and 2: Smt.Dube Anjali (Bajpai) ...

CORAM : R. M. BORDE & P.R. BORA, JJ.

Dated: March 09, 2015 ...

PER COURT :- 1.

Learned Counsel appearing for the petitioner, on instructions, seeks leave to delete name of respondent no.12. Leave granted. Name of respondent no.12 shall stand deleted.

2.

It is informed by the respondent Petroleum Company that a condition in respect of fifteen years lease deed mentioned in the advertisement and the regulations is relaxed in cases - (a) where during the course of scrutiny of applications, the candidatures have been rejected on account of period of lease being less than 15 years; and (b) where at the time of field verification, the candidatures are being or have been rejected because of tenure of lease being less than fifteen years.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) WP NO.10333/2014 3.

In the instant matter, the amended provision will have no application since respondent nos. 3 to 11, who were the applicants for allotment of L.P.G. distributorship, along with the petitioner, have withdrawn their candidature. It is informed that the lease deeds executed in favour of these respondents have already been cancelled and, as such, their candidature cannot be considered. In the affidavit in reply presented on behalf of the respondent also, it is admitted that in view of rejection of the candidature of respondent nos. 3 to 10 subsequent to the filing of the petition, the petitioner is the only eligible candidate for allotment of L.P.G. in pursuance to the advertisement for the location at Parola, Dist. Jalgaon.

4.

In this view of the matter, the respondent Petroleum Company shall have to conduct field verification in accordance with the policy and take appropriate decision. We expect the respondents to initiate and complete the further process as expeditiously as possible preferably within a period of three months from today.

In view of above, the writ petition shall stand disposed of. Pending Civil Applications, if any, do not survive and stand disposed of.

( P.R. BORA, J. ) ( R. M. BORDE, J. ) ...

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