C.W.P. No. 17672 of 2012 (O&M). Case: Swastik Filling Station Vs Indian Oil Corporation Ltd. and Ors.. High Court of Punjab (India)

Case NumberC.W.P. No. 17672 of 2012 (O&M)
CounselFor Appellant: A.K. Chopra, Senior Advocate and G.S. Bhandal, Advocate and For Respondents: Ashish Kapoor, Advocate
JudgesAmit Rawal, J.
IssueCivil Procedure Code
Judgement DateJanuary 25, 2017
CourtHigh Court of Punjab (India)


Amit Rawal, J.

Civil Misc. No. 3002 of 2016

  1. Brochure Annexure R1/1 is taken on record.

  2. CM stands disposed of.

    CWP No. 17672 of 2012

  3. Petitioner-M/s Swastik Filling Station, Village Gudha, Tehsil Ladwa, District Kurukshetra through its partner Balwinder Singh son of Man Singh has invoked the extra-ordinary writ jurisdiction of this Court seeking writ in the nature of certiorari for setting-aside and quashing the advertisement dated 30.6.2012 (Annexure P-1), which has been caused for inviting fresh applications for selection of Retail Outlet Dealers (for Kisaan Sewa Kendra), location at Village Gudha, Tehsil Ladwa, District Kurukshetra on the premise that no opportunity of hearing was given to the petitioner and also the principles of natural justice have not been complied with as in the previous advertisement, the petitioner was placed highest in the merit/selection list.

  4. Mr. A.K. Chopra, learned Senior Counsel assisted by Mr. G.S. Bhandal, representing the petitioner has submitted that the petitioner, while challenging the selection of one Rajiv Khatri, who was ineligible for the location in question for allotment of Retail Outlet, had earlier filed Civil Writ Petition No. 7748 of 2011 as the petitioner had been wrongly placed at Sr. No. 2. Under the directions of this Court, a fresh revaluation was ordered to be made and the petitioner was found to be successful and resultantly placed at Sr. No. 1 and, therefore, the writ petition, vide order dated 2.3.2012 (Annexure P-3) was rendered infructuous. Instead of complying with the directions of this Court in letter and spirit and without passing any final order and affording opportunity of hearing to the petitioner, the respondents have issued the impugned advertisement (Annexure P-1) inviting fresh applications for the same selection.

  5. He further urged that the petitioner submitted representation on 22.5.2012 (Annexure P-4), but the same remained undecided. The fact remains that the respondents issued the impugned advertisement for fresh selection in a totally malicious and mala fide circumstances, being in contravention of the order of this Court. No reasoning has been assigned for causing the fresh advertisement once the petitioner has been selected at Sr. No. 1 in the earlier process. He further submitted that the petitioner is a partnership firm consisting of three partners, namely, Balwinder Singh, Jasbir Singh and Narender Singh. All are income tax assesses and co-owners of the land.

  6. Balwinder Singh was running a poultry farm with production of 70000 eggs per day and has sufficient and good business/sales experience as about 20 workers were/are working under him. He was/is also President of Ch. Matu Ram, College of Education and another Institute, namely, J.R. Institution of Education. In the said Colleges, he had the supervisory control of the work of entire administrative staff, including their appointment, disbursement of salary, control of admission and proper incurring of expenses for the effective running and managing of the family. Balwinder Singh also produced a certificate from the Haryana Auto Service Station, Ladwa, District Kurukshetra to the effect that for about six months, he managed the work of the petrol pump and also produced the detailed particulars of bank deposits, besides the copy of the deed of partnership firm. The other two partners are equally qualified and well experienced in every respect and both of them have sufficient finances and resources available with them.

  7. He further...

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