Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | contractual matter Writ jurisdiction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, 1950: Article 226 - Writ jurisdiction in contractual matter - Advertisement for award of dealership of retail outlets - Selection held and appellant placed at SI.No. 1 and respondent No. 7 at Sl.No.2 - No Letter of Intent·granted at that stage - Aggrieved by selection, respondent No. 7 filed writ petition alleging that land offered by appellant was under litigation and was not immediately available for use of the retail outlet - A Single Judge of High Court directed that selection process be redone as respondent No. 7 did not produce any document of title in respect of assets mentioned by him and appellant was not granted requisite NOC from District Magistrate in respect of land offered by him - On appeal, Division Bench of High Court took the view that once appellant was found to be disentitled, the dealership should have been awarded to respondent No. 7, he being, at serial No.2 of merit list - On appeal, held: Initially, District Authority had taken stand that NOC in respect of land offered by appellant cannot be issued as the same was found to be involved in a litigation i.e. Partition Suit - While writ petition was pending, Partition suit was withdrawn and so there was a change in stand of District Authority regarding grant of NOC - Yet, same was not brought to the notice of Single Judge - That apart, relevant facts were ignored at different stages by High Court and in light of totality of facts there was a deliberate and not bona fide attempt on part of respondent No. 7 to deny fruit of selection made in favour of appellant - Corporation is directed, if it is of view that operation of the retail outlet is still justified by the exigencies, to award the same to appellant by completing the requisite formalities in accordance with the procedure laid down by the Corporation itself. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2014 INSC 85 |
Petitioner | Sanjay Kumar Shukla |
Respondent | M/s Bharat Petroleum Corporation Ltd. & Ors. |
SCR | [2014] 1 S.C.R. 959 |
Judgement Date | 2014-02-07 |
Case Number | 1871-1872 |
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