Petitioner challenged the selection of a retail outlet dealership, alleging the chosen location was in a municipal area while the advertisement specified rural areas. The court dismissed the petition citing inordinate delay and finding no nexus between the marketing plan label and location requirements.
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RAJBALA YADAV VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.3019/09)
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RAJBALA YADAV VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.3019/09)
Dated:- 22.7.16.
HON'BLE MR.JUSTICE SANGEET LODHA
Mr.M.R.Singhvi, Senior Advocate assisted by Mr.Bhavit Sharma, for the petitioner.
Dr.Pratistha Dave, for the respondent-State. Mr.Sunil Beniwal, for the respondents no.7 & 8.
RAJBALA YADAV VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.3019/09)
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and was having all requisites so as to establish an outlet in the urban area but, she did not apply inasmuch as, as per the advertisement issued, the location for establishment of Retail Outlet in question was earmarked for rural area.
RAJBALA YADAV VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.3019/09)
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Outlet Dealership in question was issued to the candidate selected, the ninth respondent herein, on 18.12.06 and after completion of the entire process, the Retail Outlet Dealership has already been established at the location in question and thus, the writ petition preferred by the petitioner after 2 ½ years since the establishment of the Retail Outlet suffers from unexplained inordinate delay and therefore, deserves to be dismissed on this count alone. Learned counsel would submit that as per the advertisement issued, admittedly, the location advertised was “Chhapar State Highway 7” and it is not even the case of the petitioner that the Retail Outlet has not been established on the location advertised. Learned counsel submitted that in the advertisement under the heading 'Marketing Plan' it was indicated as '2005-2006 Rural' which merely indicate the Oil Company classification under which the proposal falls and nowhere in the advertisement, it is indicated that the land should be located in rural area as alleged by the petitioner. It is submitted that the assumption of the petitioner that the indication of 'Marketing Plan' has any relation with the location of the Retail Outlet i.e. rural/urban is absolutely baseless. Learned counsel submitted that the Marketing Plan is essentially meant for internal purpose of the Oil Company and thus, the contention sought to be raised by the petitioner is
RAJBALA YADAV VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.3019/09)
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devoid of any merit.
RAJBALA YADAV VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.3019/09)
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Outlet has been established at the location different than the location advertised. In the considered opinion of this court, merely because, in the advertisement, the plan year has been mentioned as '2005-06 (Gramin)', in no manner, the inference can be drawn that it has direct nexus with the location advertised and the Retail Outlet was intended to be established at the location falling in rural areas. In any case, if the petitioner was aspirant to apply for the Retail Outlet Dealership and some confusion was prevailing regarding the location, nothing prevented her from seeking clarification in this regard from the HPCL and thus, the contention raised by the petitioner regarding fair chance being not extended by the respondents to the persons eligible to compete for award of dealership is devoid of any merit.
(SANGEET LODHA),J.
Aditya/
2 issues framed by the court
Whether the writ petition challenging the selection of a retail outlet dealership deserves to be entertained despite inordinate delay and establishment of the outlet.
Whether the advertisement term 'Rural' in the marketing plan mandated the selection of a location within a rural area.
Rajbala Yadav
State of Rajasthan
Hindustan Petroleum Corporation Limited
Sangeet Lodha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
