Sebak Sutradhar v. Bharat Petroleum Corporation Limited And ORS

05-06-2023 Court No.2 bm/9.

In The High Court At Calcutta Jalpaiguri Circuit Bench W.P.A. 564 of 2023 Sebak sutradhar -Vs- Bharat petroleum Corportion Ltd & Ors..

Ms. Supriya Singh ... Petitioner.

Mr. Bikramaditya Ghosh .. For the State.

This is an application under Article 226 of the constitution of India, inter alia, praying for withdrawal/ cancellation of the communication dated 18.12.2001 made by the respondent authorities and for issuance of an appropriate letter of intent in favour of the petitioner after accepting land offered.

Affidavit of Service filed in Court today be taken on record.

Learned counsel appearing for the petitioner submits as follows. On 25.11.2018 the respondent authorities published an advertisement inviting applications to intending candidates for award of dealership in various locations across the State. As no suitable candidate was available, on 16.9.2019 petitioner was requested to offer a land. According to their advertisement, land

was to be offered in the district of Alipurduar between Rampur and Jorai on a particular road. The petitioner did offer a land on the same road. However, part of the road that lay between Jorai and Rampur was in the Alipurduar not in Coochbehar.

There was a contradiction in the advertisement itself. However, a field verification was done and the petitioner was informally intimated that the land was suitable. Yet, on the ground that the land did not fall between hin Jurai and Rampur, the petitioner's application was rejected.

Learned counsel appearing for the respondents submits as follows. It is true that that there was a patent contradiction in the advertisement.

The respondent authorities are nevertheless in need of an outlet in the said area. Therefore, the respondents would be in a position to consider the representation of the petitioner in due course.

It is quite evident that the representation made by the petitioner on January 6, 2022 has remained unanswered.

In view of the above and considering the rival contentions, this writ application is disposed of by directing the respondent no.4 to consider the representation of the petitioner dated January 6, 2022 within a period of six weeks from the date of

communication of this order and after giving an opportunity of being heard to the petitioner in this regard.

Urgent Xerox certified copy if applied for, be supplied on priority basis.

( Jay Sengupta, J.)