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NAINITAL
INDEX
IN
WRIT PETITION NO……….OF2018
(Under Article 226 of the constitution of India)
……….Respondents
Pages
Sl No. Particulars Nos.
1. Presentation
2. Index
3. Dates and events
4. Court Fee
5. Writ petition
6. Affidavit
7. Annexure no 1; . Copy of the Advertisement
dt. 17.12.2010 for selection of Retail Outlet
Dealers issued by the Respondent.
8. Annexure no 2; Copy of the Application dt.
27.01.2011 submitted by the Petitioner in
response to Annexure No. 1.
9. Annexure no3. Copy of the letter 13.12.2011
sent by the DRSM, Dehradun RO, IOCL to
produce documents to their Land Evaluation
Committee
10. Annexure no 4: Copies of the Registered
Lease Deed dt. 18.01.2011 and Registered Sale
Deed dt. 12.05.2005.
11. Annexue no 5: Copy of the Merit Panel dt.
16.03. 2012 displayed by the respondents after
the interview
12. Annexue no 6; copies of the letters .dt
02.04.2012, 03.04.2013 and 16.02.2013.
13. Annexue no 7; The copy of the letter dt
17.04.2013 from Respondent No. 1
18. Vakalatnama
19.
VERSUS
Union of India through Secretary Ministry of Petroleum and Natural Gas & Ors
……..Respondents
Ors.
2. M/s Indian Oil Corporation Ltd through The Chief Manager ( Retail Sales),
3. M/s Indian Oil Corporation through the Divisional Retail Sales Manager
To,
The Hon’ble Chief Justice and his other companion judges of this Hon’ble
Court.
respectfully showeth as ;
1. That this is the first writ petition filed by the petitioner and no such other petition
is filed or pending before this Hon’ble Court for the present cause of action.
2. That the present Petitioner before this Hon”ble Court by means of the present Writ
being meted out to him by the Respondents in conducting the process of Dealer
selection in Gross violation of the rules of the dealer selection and in colourable
exercise of the power ,whereby respondents have ignored the norms & rules of
selection and have adopted a totally autocratic ,partisan and arbitrary approach in
petitioner as the Sole person eligible as per the requirement and advertised
notification .
applications for selection of Kisan Seva Kendra hereinafter called as KSK Rural
retail outlet dealers in various parts of Uttarakhand which includes one of the
Writ Petition.
and applied in the prescribed format for dealer selection for the location at
Garhwal under Open Category. The copy of the application is being annexed as
17/ 10/2014 invited the application for the General Retail dealership at Devi Road
did respond and applied for the allotment under the same category and for the
same location and site . True Copy of the advertisement dated 17/10/2014 is being
found the proposed site of the petitioner on the notified location and rightly held
Kotdwar (Devi Road ) was evaluated by the land evaluation committee appointed
by the Respondent no 2 and was also found eligible for the aforesaid allotment .
8. That the petitioner made a Complaint dated 6/2/2017against the eligibility of the
Kotdwar Bhabhar Road on the ground that the proposed site of the respondent no
4 is situated at Devi Road Kotdwar Garhwal and not at Requisite Site at Padampur
Sukrow Kotdwar – Bhabhar Road Pauri Garhwal . That taking note of the
complaint the Technical Report regarding the location of the proposed site of
both the petitioner and the respondent no 4 was sought by the Office of Public
works Department Duggada Pauri Garhwal . True Copy of the complaint dated
9. That the Public works Department Duggadda Pauri Garhwal in its fact finding
Report dated 18/1/2017 fortifies the fact that the proposed site of the Respondent
no 4 is located at Devi Road and not in the Padampur Sukrow Kotdwar Bhabhar
Motor for which the aforesaid Retail dealership advertisement dated 11/10/2014
was issued which tantamount that the Candidature of the Respondent no4 was
wrongly considered by the authorities to favor and to give undue benefit to the
respondent no 4 . True Copy of the Report dated 18/01/2017 is being annexed as
no 4 by draw of lots ,on 29/12/2016 without even waiting for the Report sought
by the Same Authority of the location of the Proposed site of the Respondent no 4
and is therefore the selection under Challenge is liable to be quashed on this count
alone .
11.That the petitioner preferred a Complaint against the bias ,discrimination and the
malafide meted out to the petitioner in which the cognizance was taken by the
authorities , and the General Manager (Retail Sales ) was appointed as Enquiry
Officer who Sought the Revenue Records and Sazra (Revenue Maps ) of both the
proposed sites of the petitioner and respondent no 4 . The revenue Inspector in its
report dated 8/4/2017 categorically stated the fact that the proposed site khasra no
81 ka of the petitioner and Khasra no 256 of the respondent no 4 falls in the same
revenue Village Padampur Sukrow and meets at junction point called Simbhal
chaur which goes towards Bhabhar . True Copy of the revenue Report dated
12.That the Respondent authorities vide Impugned order dated 31/8/2017 ignoring
the revenue reports and the reports of the Public works department dismissed the
against the settled principles of Equity and Natural Justice . True Copy of the
Impugned Order dated 31/8/2017 is being annexed as Annexure no 7to this writ
petition .
13.That the Impugned order dated 31/8/2017 has been passed on the pretext that the
proposed site of the respondent no 4 do heads and goes towards Bhabhar hence
could come within the advertised road namely Padampur Sukrow kotdwar
both the Motor Roads namely Devi Road and Kotdwar Bhabar Road are two
distinct and different roads and two subsequent Advertisement one dated
17/10/2014 meant for the General outlet centre and Advertisement dated
11/10/2014 was meant for the Kisan Seve Kendra Retail outlet for the Rural
14. That the petitioner herein made a representation dated 20/9/2017 to the
Department of Petrolium and Natural Gas , Union of India ,stating therein that
absolutely illegal and arbitrary and has been allotted in fragrant misuse and
Authorities were kind enough to take note of the issue in directing the Indian Oil
corporation to take necessary Action vide its letter dated 25/9/2017 . True Copy of
the letter dated 25/9/2017 issued by the Ministry of Oil And Natural Gas Union
15. That during the pendency of the aforesaid Complaint / Representation before the
Department of Oil And Natural Gas , the Indian Oil Corporation limited have
initiated the process to Install the Retail dealership Outlet at the proposed Site of
the Respondent no 4 which would prejudice the complaint filed by the petitioner
and would cause Irreparable loss and injury which would not be compensated in
terms of Money . It is most respectfully submitted that the allotment made has
been at the location Devi Road however the advertised location for the KSK
Retail outlet was Kotdwar Bhabhar Road in which category the petitioner was the
sole eligible contendor and should be allotted therefore . True Copy of the KSK
16.That the petitioner respectfully states that in the circumstances petitioner is left
with no option but to approach under Article 226 of the Constitution of India inter
GROUNDS
a.) Because Public works Department Duggadda Pauri Garhwal in its fact finding
Report dated 18/1/2017 fortifies the fact that the proposed site of the Respondent
no 4 is located at Devi Road and not in the Padampur Sukrow Kotdwar Bhabhar
Motor for which the aforesaid Retail dealership advertisement dated 11/10/2014
was issued which tantamount that the Candidature of the Respondent no4 was
wrongly considered by the authorities to favor and to give undue benefit to the
respondent no 4.
b.) The Respondent authorities vide Impugned order dated 31/8/2017 ignoring the
revenue reports and the reports of the Public works department dismissed the
c.) Because Impugned order dated 31/8/2017 has been passed on the pretext that the
proposed site of the respondent no 4 do heads and goes towards Bhabhar hence
could come within the advertised road namely Padampur Sukrow kotdwar
both the Motor Roads namely Devi Road and Kotdwar Bhabar Road are two
distinct and different roads and two subsequent Advertisement one dated
17/10/2014 meant for the General outlet centre and Advertisement dated
11/10/2014 was meant for the Kisan Seve Kendra Retail outlet for the Rural
PRAYER
AFFIDAVIT
IN
VERSUS
Union of India through Secretary Ministry of Petroleum and Natural Gas & Ors
……..Respondents
(DEPONENT )
I, the above named deponent do hereby solemnly affirm and state on Oath as under;
1. That the deponent is the petitioner in the present writ petition and as such is fully
acquainted with the facts of the case deposed below.
That I, the deponent above named do hereby declare and verify that the contents of
paragraphs No. 1 of this affidavit and those of the contents of paragraph
No………………………………………of the accompanying writ petition are based
on personal knowledge received by the deponent and those of contents of paragraph
No……………of the accompanying writ petition are based on records and those of
contents of paragraph No …….of the accompanying writ petition are based on legal
advise and no part of it is false and nothing material has been concealed so far.
So help me God
…………Deponent
I, Navnish Negi , Advocate High Court of Uttrakhand do hereby declare that the
person making this affidavit and alleging himself to be the deponent is known to me
on the basis of the papers produced by him to me in this case and I am satisfied the he
is same person,
Advocate
Solemnly affirmed before on this the ……… day of ……….2013 at about
…..A.M/P.M by the deponent who is identified by the aforesaid person . I have
signed myself by examining the deponent that he understands the contents of this
affidavit which have been read over and explained to him by me
OATH COMMISSIONER
IN THE HON”BLE HIGH COURT OF UTTRAKHAND AT
NAINITAL
Ors.
2. M/s Indian Oil Corporation Ltd through The Chief Manager ( Retail Sales),
3. M/s Indian Oil Corporation through the Divisional Retail Sales Manager
To,
The Hon’ble Chief Justice and compani0n other judges of the High Court .
The humble application for interim relief on behalf of the petitioner most respectfully
showeth;
1. That in view of facts and circumstances stated in the accompanying petition ,it is
expedient that pending disposal of the writ petition , this Hon”ble Court may
of the petition otherwise the petitioners would suffer irreparable loss and injury .
PRAYER
It is, therefore most respectfully prayed that this Hon’ble Court may
of KSK Retail outlet at Padampur Sukrow Kotdwar Bhabhar Road till the
pendency of the petition otherwise the petitioners would suffer irreparable loss
and injury .