Paramananda Langthasa v. Union of India and 3 Ors

ORDER

21.08.2024

¶1Heard Mr. B.J. Ghosh, learned counsel for the applicant, who submits that the decision of the IOCL to cancel the advertisement dated 25.05.2018 for selection of LPG Distributor in Sikari Pathar, Karbi Anglong District and to re-advertise the same should be stayed.

¶2Mr. P. Bharadwaj, learned Standing Counsel for the IOCL, on the other hand submits that in terms of the affidavit-in-opposition filed by the IOCL in WP(C) 2074/2024, the IOCL has already cancelled the advertisement for selecting LPG Distributor for the location in Sikari Pathar, Karbi Anglong District.

¶3I have heard the learned counsel for the parties.

¶4Paragraph-10 of the affidavit-in-opposition filed by the IOCL in WP(C) 2074/2024 states as follows : "10. That with regard to the statements made in paragraph 29 of the writ Page No.# 3/3 petition, the deponent begs to state that the location Sikari Pathar as advertised under Howraghat Block, actually falls under the Longsomepi Block as confirmed by the Block Development Officer, Longsomepi Block through the letter dated 15.7.2019. The Corporation therefore, after obtaining the necessary approval on 7.9.2023 and as per Clause 5 (a) of the advertisement, cancelled the advertisement for the location Sikari Pathar and intimated the said decision to all the participants with further confirmation that their application fee shall be refunded. It is pertinent to quote herein Clause 5(a) of the advertisement, which states that "...Indian Oil Corporation Ltd. Bharat Petroleum Corporation Ltd. or Hindustan Petroleum Corporation Ltd reserves the right to cancel/withdraw/amend this advertisement or extend the due date of submission of application forms at its sole discretion without assigning any reason..." Copies of the intimation letter to the participating candidates including the petitioner are annexed and marked as Annexure-R/1 (Colly).

¶5As the IOCL has stated on affidavit that the advertisement has been cancelled, there can be no grant of stay against a decision to cancel the advertisement, as prayed for in the present application.

¶6The interlocutory application is accordingly dismissed as infructuous.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010020482024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooI.A.(Civil)/2093/2024 PARAMANANDAoLANGTHASA S/O-oLATEoRAMANANDAoLANGTHASA o R/O-oTISSOoGAON o P.O-oTUMPRENG o P.S-oBAITHALANGSO oWESToKARBIoANGLONG oPIN-782485 oASSAM oVERSUS UNIONoOFoINDIAoANDo3oORS REP.oBYoTHEoSECRETARYo oMINISTRYoOFoPETROLEUMo oNEWoDELHI 2:INDIANoOILoCORPORATIONoLIMITED HAVINGoITSoREGD.oOFFICEoAToG-9oALIoYAVARoJUNGoMARG oBANDRAo(EAST) oMUMBAI-51 o3:THEoEXECUTIVEoDIRECTOR INDIANoOILoCORPORATIONoLIMITED o INDIANoOILoBHABANoSECTORo-III oNOONMATI oGUWAHATI-20 oASSAM o4:THEoCHIEFoGENERALoMANAGERo(LPG) Page No.# 2/3 INDIAN OIL CORPORATION LIMITED INDANE AREA OFFICE SRIPURIA TINSUKIA-786125 ASSAM ------------ Advocate for : MR. B J GHOSH Advocate for : SC I O C appearing for UNION OF INDIA AND 3 ORS BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA