Calcutta High Court (Appellete Side)
Sri Palash Ray vs The Union Of India & Ors on 20 April, 2015
Author: Subrata Talukdar
Bench: Subrata Talukdar
1
138.
20.04.2015.
Ct. No. 29.
F.B.
W.P. 7741 (W) of 2015
Sri Palash Ray
-Vs.-
The Union of India & Ors.
Mr. Pratik Prakash Banerjee,
Md. Sabir Ahmed,
Md. Abdur Rakib
..... For the Petitioner.
Mr. Manwendra Singh Yadav,
Ms. Saswati Chatterjee
..... For the Respondent
Nos. 1 to 4.
_________ Sri Pratik Prakash Banerjee, learned counsel with Sri Sabir Ahmed, learned counsel appear for the writ petitioner.
Affidavit-of-service filed in Court today be kept with the record.
The respondent-Indian Oil Corporation is represented by Sri Manwendra Singh Yadav, learned counsel.
The short grievance of the petitioner is that although he fulfils the minimum eligibility criteria with regard to the dimension of the land for construction of a LPG godown in respect of his selection to a LPG distributorship at Balagarh, Dist-Hooghly under the 'SC' category advertised by the respondent-IOC on the 10th of September, 2013, by the order impugned dated 6th of March, 2015 the candidature of the petitioner was rejected.
Sri Banerjee, learned counsel points out that by the order dated 6th of March, 2015 it has been, inter alia, stated that the field verification committee has observed that the required minimum dimension of land is not available to the petitioner. Learned counsel draws the attention of this Court to the application filed by the petitioner which shows the dimension of the land to be 30.75 metres in length and 27 metres in breadth. Learned counsel further submits that in 2 terms of the advertisement, the proposed land must have a dimension of 25 metres in length and 30 metres in breadth.
Further drawing the attention of this Court to page 133 of the writ petition, Sri Banerjee submits that the respondent-IOC were given three options by the petitioner with regard to bringing the land within the specified dimensions of the advertisement.
Per contra, Sri Manwendra Singh Yadav, learned counsel submits that the minimum dimensions of the land as specified in the advertisement applies to a square or a rectangular area of land and, not otherwise. Learned counsel also submits that the petitioner has not given any indication of the height of the proposed godown and the dimensions of the land pointed out by him and appearing at page 133 of the writ petition do not show the land to be either square or a rectangle.
At this stage, learned counsel for the respondent-IOC seeks an opportunity to consult the field verification committee report for assisting this Court on the next date.
Let the matter appear under the same heading "Listed Motion (Group-VIII)" by date on the 27th of April, 2015.
(Subrata Talukdar, J.)