IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11718 of 2010 1. SMT.SHIPRA W/O ASHOK KUMAR @ ASHOK KUMAR SINGH C/O ARJUN KUMAR SINGH R/O MOH BABU SAHEB COLONY, KABILPUR, LAHERIASARAI, P.S.BAHADURPUR, DISTT-DARBHANGA Versus 1. THE UNION OF INDIA THROUGH THE MINISTRY OF PETROLEUM AND NATURAL GAS SHASTRI BHAWAN, NEW DELHI 2. M/S HINDUSTAN PETROLEUM CORPORATION LIMITED THROUGH ITS CHAIRMAN AND MANAGING DIRECTOR HAVING ITS REGISTERED OFFICE AT 17, JAMSHEDJI TATA ROAD, MUMBAI-400020 3. THE SENIOR REGIONAL MANAGER PATNA, LPG REGION, 6TH FLOOR, LOK NAYAK JAI PRAKASH BHAWAN, DAK BUNGLOW CHOWK, PATNA-1 4. THE SALES OFFICER INCHARGE OF DARBHANGA DISTRICT 5. THE SELECTION COMMITTEE , HINDUSTAN PETROLEUM CORPORATION LIMITED REGIONAL OFFICE, PATNA, 6TH FLOOR, LOK NAYAK JAIPRAKASH BHAWAN, DAK BUNGLOW CHOWK, PATNA-1. For the petitioner : M/s Anil Kr. Jha, Ashok Mishra, Advocates. For the respondents : Mr. Ravindra Nath Kanth, Advocate. ----------- 07. 21.06.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging order dated 15.06.2010 (annxure-1) by which Senior Regional Manager, L.P.G. Region, Patna (respondent no. 3) rejected petitioner’s application for distributorship of LPG for the location of Bahadurpur, in the District of Darbhanga. 3. From the arguments of the parties as well as from the materials on record, it is quite apparent that advertisement was published whereafter several persons - 2 - applied for the post of said distributorship, out of whom the petitioner was initially found to be the best among the candidates, but at the time of field verification the approach road was not found to be suitable and hence by the impugned order dated 15.06.2010 the application of the petitioner was rejected. 4. Learned counsel for the petitioner avers that the proposed land for godown side is 11 kms from the show room in Laheriasarai, Darbhanga and all through the road is metalled except 2.5 kms which is brick soling after filling the earth and making the road high having width of 12 feet with 3 feet flanks on both the sides. He further stated that the said portion of the road is not a Kachcha road and it is fit for use of trucks as buses regularly ply on the said road. 5. From the impugned order, it is quite apparent that as per the advertisement and brochure the required godown/land for construction of godown was to be suitable, if it was located within about15 kms from the advertised location freely accessible through all weather motorable approach road. Learned counsel for the respondent H.P.C.L. has produced photographs of the said portion of the road. 6. It is quite apparent, that admittedly 2.5 km of road is of brick and has not been metalled and it cannot be presumed to be all weather motorable approach road because of the weather conditions especially in the rainy seasons. Furthermore, the said order has been passed after considering - 3 - the points and the situation of land after the joint report of verification and the requirement of heavy trucks for the purposes of distributorship. 7. In the said circumstances, this Court does not find any reason to interfere in this matter. Accordingly, this writ petition is dismissed. Devendra/ (S.N. Hussain, J.)