WA 23/2016. Gauhati High Court

Case Number:WA 23/2016
Judgement Date:May 25, 2020
Court:Gauhati High Court
SUMMARY

Writ Appeals under the Gauhati High Court Rules

 
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IN THE GAUHATI HIGH COURT

(THE HIGH COURT OF ASSAM, NAGALAND, ARUNACHAL PRADESH AND MIZORAM)

WRIT APPEAL NO.23 OF 2016

Appellant :

Smti. Purabi Priya Choudhury

Wife of Sri Arup Kumar Barman

Resident of village Rupiabathan P.O.Chamata P.S. Belsor, Nalbari, PIN 781 306

Respondents:

  1. Indian Oil Corporation Limited, Having its registered office at G-9, Ali Yavar Jung Marg, Bandra (East) Mumbai-400 051 (India)

  2. The Chief General Manager, Indian Oil Corporation Limited, Kesari Basti, Ulubari, Guwahati Assam, PIN-781007

  3. The Chief Area Manager

    Indian Oil Corporation Limited Integrated Area Office, Guwahati Dr.BK Kataki Road, Kasari Basti Guwahati, Assam, PIN 781007

  4. The Deputy General Manager (LPG) Indian Oil Corporation Limited North East Integrated State Office, East Point Tower, Bamunimaidan Guwahati, Assam PIN 781021

  5. Sri Bolen Boro

    Son of Sri Bandhuram Boro

    Village Balahati (Geruapara)

    PS Goreswar, District Baksa (BTAD), Assam

    BEFORE

    HON’BLE THE CHIEF JUSTICE MR. AJIT SINGH HON’BLE MR. JUSTICE MANOJIT BHUYAN

    For the Appellant … Mr. R De, learned counsel

    For the Respondents … MK Choudhury, learned senior counsel, assisted by Mr.N Baruah, learned counsel for Respondent Nos.1 to 4

    Mr. N Pathak, learned counsel

    Date of hearing & Judgment … 25.5.2017

    JUDGMENT AND ORDER

    (Ajit Singh, C.J.)

    This intra-court appeal is directed against the order dated 28.7.2015 passed by the learned Single Judge of this High Court whereby he has dismissed appellant’s WP(C) No.7021/2013.

  6. On 21.2.2013, the Indian Oil Corporation Limited ( in short “IOC”) published an advertisement for selection of Dealer at Barnaddi, District Nalbari under the Rajiv Gandhi Gramin L.P.G. Vitarak (RGGLV) Scheme. The prescribed eligibility criteria required that the applicant should be a resident of the District of the advertised location and he must possess adequate land for the construction of Godown to store LPG Cylinders. Also the selection was to be done by draw of lot out of all eligible applicants.

  7. In all 3 applicants, including the appellant and respondent No.5, applied for the Dealership at Barnaddi along with the required documents. The IOC after examining their applications found them to be eligible candidates. No complaint whatsoever was made by the appellant against the eligibility of Respondent No.5. On 23.8.2013, in a draw of lot, out of all 3 eligible applicants, Respondent No.5 was selected for Dealership. The appellant then made a complaint dated 30.8.2013...

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