Pranabesh Das v. Indian Oil Corporation Ltd. And ORS

16.

05.02.2021 mb In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. No. 8321 of 2020 (Via Video Conference) Pranabesh Das -Vs.- Indian Oil Corporation & Ors.

Mr. Debabrata Roy ...for the petitioner Mr. P. Chakraborty ...for the I.O.C.L.

The petitioner applied for being selected for the purpose of L.P.G. distributorship in a particular area. While credentials the petitioner, who was a successful bidder, were being considered, it was found out that the specifications the proposed site distributorship and godown fell short of the stipulated specification. However, an opportunity was given to the petitioner to procure some other appropriate site, which the petitioner did by obtaining a lease in respect of a different plot of land.

Learned counsel for the petitioner submits that, despite having acted on the assurance of the respondent-authorities, the latter are not

considering the petitioner for grant of the distributorship now.

It appears from the submission of learned counsel for the petitioner himself that, although an opportunity was given by the respondentauthorities to the petitioner to make good the deficiency as far back as in December, 2018, the petitioner obtained the lease of fresh site only in May, 2019.

Learned counsel appearing for the respondent-authorities submits that the respondents are bound by the extant norms and regulations governing the grant L.P.G.

distributorships. In view of the failure of the petitioner to meet the requirements of the tender, the distributorship has subsequently been allotted to the next eligible candidate, who satisfied the eligibility criteria and is about to commence business in terms the distributorship.

In such circumstances, there is no scope for interference in the present writ petition, since the respondents acted within the periphery of law and natural justice in refusing the petitioner's candidature and selecting the next eligible candidate.

Hence, W.P.A.

No.

is dismissed.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance all necessary formalities.

(Sabyasachi Bhattacharyya, J.)