SUPREME COURT OF INDIA
MRINMOY MAITY vs CHHANDA KOLEY AND OTHERS
Civil Appeal No 5027 of 2024
(@ SPECIAL LEAVE PETITION (CIVIL) NO 30152 of 2018) On 18 April 2024
Hon'ble Judges: Pamidighantam Sri Narasimha, Aravind Kumar
Case Type: Civil Appeal
Final Decision:
Advocates:
Citations:
2024 0 CJ(SC) 207
ACTS REFERRED:
font-size: 16px;" > Leave granted.
The short point that arises for consideration in this appeal is:
"Whether the writ court was justified in entertaining the writ
petition filed by the respondent No.1 herein challenging the
approval dated 002014 granted in favour of the appellant
herein for starting LPG distributorship at Jamalpur, District
Burdwan?"
The facts in brief which has led to filing of the present appeal
are as under:
An advertisement came to be issued on 002012 calling for
application for distributors to grant LPG distributorship under GP
Category at Jamalpur, District Burdwan.
Judgement Text
1. Leave granted.
2. The short point that arises for consideration in this appeal is:
"Whether the writ court was justified in entertaining the writ
petition filed by the respondent No.1 herein challenging the
approval dated 03.06.2014 granted in favour of the appellant
herein for starting LPG distributorship at Jamalpur, District
Burdwan?"
3. The facts in brief which has led to filing of the present appeal
are as under:
4. An advertisement came to be issued on 09.09.2012 calling for
application for distributors to grant LPG distributorship under GP
Category at Jamalpur, District Burdwan. From amongst the
applications so received, the application submitted by the appellant as
well as respondent No.1 were found to be in order. Since both the
appellant and the respondent No.1 were held to be eligible from
amongst the six (6) candidates, draw of lots was held on 11.05.2013
and appellant was found successful candidate and was selected for
verification of the documents. A letter of intent was issued to the
appellant on 24.02.2014 and on 03.06.2014 the approval was granted
by the BPCL in favour of the appellant for starting LPG
distributorship at the notified place.
5. After a lapse of 4 years, the respondent No.1 filed a complaint
with the BPCL alleging that land offered by the appellant was a Barga
land and same
