Dipshikha Gogoi v. The Union of India and 4 Ors

ORDER

24.06.2024 Heard Mr. M. Sarania, learned counsel for the petitioner, who submits that the petitioner had applied for retail outlet (petrol pump) dealership in response to an advertisement dated 28.06.2023 issued by the Indian Oil Corporation Limited (IOCL).

¶2The petitioner had applied for the petrol pump outlet at Tinsukia under open category at NH 315, between 2 km to 5 km from Ledo Railway Station towards Lekhapani, Tinsukia District. The petitioner thereafter received an e-mail dated 24.11.2023 from the IOCL, stating that she was qualified for the draw of lots, for selection of the retail outlet dealership at Tinsukia. The petitioner was selected in the draw of lots and she was given the status of provisionally selected for opening a petrol pump.

¶3On 22.05.2024, the petitioner received an e-mail, by which she was informed that her candidature for allotment of petrol pump was ineligible, due to non-receipt of the land holding certificate/land documents to ascertain land Page No.# 3/4 title/area in the name of her husband within the stipulated time, despite letter dated 20.01.2024 being issued to her.

¶4The petitioner's counsel submits that the petitioner did not receive the letter dated 20.01.2024. However, after receiving the impugned e-mail communication dated 22.05.2024, the petitioner submitted a representation dated 26.05.2024 through e-mail and a hard copy of the same was submitted to the respondent No.5 on 29.05.2024, stating her grievance.

¶5The learned counsel for the petitioner submits that the petitioner's e-mail and letter dated 29.05.2024 issued to the respondent No.5 has not been decided by the respondents till date.

¶6Mr. P. Bharadwaj, learned counsel for the IOCL submits that this writ petition can be disposed of, if a direction is issued to the respondent No.5, to examine the petitioner's letter dated 29.05.2024 and to take a decision on the same thereafter.

¶7Mr. M. Sarania, learned counsel for the petitioner submits that he has got no objection to the proposal made by Mr. P. Bharadwaj.

¶8In view of the consent of the parties, the respondent No.5 is directed to examine the petitioner's representation dated 29.05.2024 and take a decision on the same, within a period of 1 month, from the date of receipt of a copy of this order and the said letter dated 29.05.2024 along with the documents which are stated to have been uploaded earlier. Till a decision is taken by the respondent No.5, no allotment of the petrol pump at NH 315, between 2 km to 5 km from Ledo Railway Station towards Lekhapani, in the district of Tinsukia should be Page No.# 4/4 made to any person.

¶9The writ petition is accordingly disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010120972024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3180/2024o DIPSHIKHAoGOGOIo W/O-oSRIoBIJUoGOGOI,oVILL.-oTIRAPoGAON,oNEARoLEDOoTEAoESTATE,oP.O.o LEDO,oP.S.oMARGHERITA,oDIST.oTINSUKIA,oASSAM,oPIN-o786182. VERSUSo THEoUNIONoOFoINDIAoANDo4oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoINDIA,o MINISTRYoOFoPETROLEUMoANDoNATURALoGAS,oSHASTRIoBHAWAN,oNEWo DELHI-110001. 2:THEoDEPUTYoSECRETARYoTOoTHEoGOVERNMENToOFoINDIA oMINISTRYoOFoPETROLEUMoANDoNATURALoGAS oSHASTRIoBHAWAN oNEWoDELHI-110001. 3:THEoCHIEFoMANAGINGoDIRECTOR oINDIANoOILoCORPORATIONoLIMITED oG9 oALIoYAVARoJUNGoMARG oBANDRAoEAST oMUMBAI-400051. 4:THEoDEPUTYoGENERALoMANAGERo(RETAILoSALES) oTINSUKIAoDIVISIONALoOFFICE oINDIANoOILoCORPORATIONoLIMITED oSRIPURIA oTINSUKIA oASSAM oPIN-o786125. 5:THEoHEADoOFoDIVISIONALoOFFICE Page No.# 2/4 TINSUKIA DIVISIONAL OFFICE INDIAN OIL CORPORATION LIMITED SRIPURIA TINSUKIA ASSAM PIN- 786125 Advocate for the Petitioner : MR. M SARANIA Advocate for the Respondent : SC, I O C BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA