IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. OWP no. 789 of 2008 Mohd Maqbool Sofi petitioner Chairman Indian Oil Corporation and ors. respondents !Mr. K. L. Pandita, Advocate ^M/s. R. Koul & F. A. Natnoo, Advocates Mr. JUSTICE J. P. SINGH, JUDGE Date : 04/12/2008 :J U D G M E N T:
Petitioner has filed this writ petition questioning
Indian Oil Corporation Limited’s communication no.
JMDO/LOI/ICHGAM dated 14.07.2008, offering award of
Retail Outlet Kissan Seva Kendra Dealership at village
Ichgam District Budgam, Jammu and Kashmir, to Manzoor
Ahmed Wani-respondent no. 5, besides seeking a direction to
the Corporation to reconsider his case for awarding the
Retail Outlet Dealership to him.
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According to the petitioner, the Corporation had acted
arbitrarily violating Article 14 of the Constitution of India in
omitting to provide opportunity of hearing to the petitioner
before awarding Retail Outlet Dealership at village Ichgam
to respondent no. 5 when he had been shown at S. No. 1 in
the merit panel of the candidates who had sought award of
Retail Outlet Dealership in their favour.
Respondent-Corporation and Manzoor Ahmed Wanirespondent
no. 5 have indicated in their separate objections
that the petitioner has no locus standi to question the
impugned communication as he was ineligible to compete
because of his not fulfilling one of the necessary conditions
required for award of Retail Outlet Dealership, i.e., of
possessing land at village Ichgam, the notified place which
had been earmarked by the Corporation for setting up of a
Retail Outlet.
The parties were not at variance as to the place where
the Retail Outlet had to be set up by the Corporation. The
place notified by the Corporation for setting up the Retail
Outlet, as admitted by learned counsel for the parties at the
time of hearing of the petition, is village Ichgam in District
Budgam of Kashmir Province.
Petitioner’s learned counsel, Mr. K. L. Pandita, when
confronted with the objections of the respondents that the
petitioner did not possess any land at the notified place,
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candidly admitted that the land which the petitioner had
offered to set up the Retail Outlet pursuant to the issuance
of Advertisement notice, was located at village Zooribagh.
Learned counsel, however, submitted that having been
placed at S. no. 1 of the merit panel, petitioner was entitled
to be heard in the matter before someone else could be
considered for allotment of Retail Outlet Dealership at
village Ichgam.
I do not find any substance in petitioner’s counsel’s
submission, in that, having failed to offer land for setting up
of Retail Outlet at the notified place, i.e., village Ichgam, the
petitioner would have no locus standi to question the
allotment of Dealership to the person who had offered land
at village Ichgam for setting up of Retail Outlet. Placement
of petitioner at S. No. 1 in the merit panel, would not cure
his basic ineligibility to compete for securing Retail Outlet
Dealership at village Ichgam.
Possessing no land in village Ichgam, the place notified
by the Indian Oil Corporation for setting up a Retail Outlet
(KSK), the petitioner was thus ineligible to compete for the
Dealership and hence disentitled to seek consideration for
award of the Retail Outlet. His ineligibility, thus, disables
him to maintain this writ petition to question the award of
Retail Outlet Dealership to Manzoor Ahmed Wanirespondent
no. 5.
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This writ petition, therefore, lacks merit. It is,
accordingly, dismissed without any order as to costs.
(J. P. Singh )
Judge
JAMMU:
04.12 .2008
TILAK, Secy.
