Calcutta High Court
Asit Gaine vs Union Of India & Ors on 2 September, 2013
Author: Dipankar Datta
Bench: Dipankar Datta
1
ORDER SHEET
WP No.869 of 2013
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
ASIT GAINE
Versus
UNION OF INDIA & ORS.
BEFORE:
The Hon'ble JUSTICE DIPANKAR DATTA
Date : 2nd September, 2013.
Appearance:
Mr. Bikash Ranjan Bhattacharya, Sr. Advocate Smt. Santi Das, Advocate Mr. Shubha Dey, Advocate ...for the petitioner Mr. P.K. Mishra, Advocate Mr. Prantik Gharai, Advocate ...for HPCL Ms. N. Karmakar (Das), Advocate ...for Union of India.
The Court : The advertisement in pursuance whereof the petitioner offered his candidature does not say that the offered site must be within the municipal limits of Basirhat. Since the offered site is within Basirhat Police Station, prima facie, I am satisfied that the petitioner's candidature has not been taken into consideration for a valid cause.2
The Corporation shall be at liberty to hold lottery for selection of a candidate for appointment of a dealer at Basirhat without prejudice to its rights and contentions in this petition. The Corporation shall allow the petitioner to participate in the lottery. If it is found that the petitioner has been successful in the draw of lots, the Corporation shall not proceed further in the matter without obtaining the leave of Court. However, if the petitioner is not so successful and anyone else comes out successful, the Corporation shall be free to proceed in the matter of appointment of a dealer in accordance with law.
Let affidavit-in-opposition be filed by 30th September; reply thereto, if any, be filed by 9th October.
Put up the writ petition under the heading "For Hearing" in the monthly list of November, 2013.
(DIPANKAR DATTA, J.) B.Pal