IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.884 of 2011. 1. Deva Nand Singh S/O Late Kalpu Singh R/O Vill. & Post- Gara, Via Barauni, P.S.- Bhagwanpur, Distt.- Begusarai At Present Residing At Vill.- Suryapura, P.S.- Bhagwanpur, Distt.- Begusarai Versus 1. The Union Of India Through Secretary Oil And Petroleum Department, Govt. Of India, New Delhi 2. The Chairman Bharat Petroleum Corporation Ltd. Bharat Petroleum Corporation Ltd. Bharat Bhawan, 4 & 6 Currimbhy Road, Ballard Estate Mumbai- 400001 3. The Chief Marketing Officer, Bharat Petroleum Corporation Ltd. Maker Tower E & F, 12 Floor, Cuffe Parade, Mumbai- 400005 4. The Chief Vigilance Officer, Bharat Patroleum Corporation Ltd. Bharat Bhawan 1,4 & 6 Currimbhoy Road, Ballard Estate Mumbai-400074 5. The Area Marketing Manager Officer, Area Marketing Manager Office, Patna, 3 Floor Ashiana Chamber, Exhibition Road, Patna 6. The Co-Ordinator Bharat Petroleum Corporation Ltd. 3 Floor, Ashiana Chamber Exhibition Road, Patna 7. Sri Krishna Rai S/O Jagdish Rai R/O Vill. & Post- Suryapura, P.S.- Bhagawanpur, Distt.- Begusarai ----------- For the appellant : Mr. Y.V.Giri, Sr. Advocate. M/s. Ranjit Kumar & Kundan Kumar, Advs. For the respondent : Mr. Sanjay Singh, Adv. 3. 15.09.2011 Heard learned counsel for the appellant. Learned counsel for he Corporation is also present. Perused the order of the writ court dated 26th November 2010 whereby the 2nd writ petition preferred by the appellant bearing C.W.J.C.No. 19184 of 2010 has been dismissed. 2 Although the argument in respect of land of the private respondent offered for allotment of dealership of retail out-let at Suryapur, District Begusarai of Bharat Petroleum Corporation Ltd. has been argued in detail as if the controversy relates to title of land between the parties, but the real issue is whether Bharat Petroleum Corporation Ltd. has committed any illegality in selecting the private respondent as No.1 candidate in preference to others, including the appellant/writ-petitioner. The order of the writ court shows how liberty granted to the appellant on the earlier occasion, for raising specific objection before the Oil Company was availed in a manner which was akin to indulging in a roving and fishing enquiry. The writ petitioner did not maintain time schedule indicated for raising objection and in his first attempt, asked merely for supply of various documents etc. admitting that he had no specific objection available at that time. Before us, the learned counsel for the appellant has submitted that the Matriculation certificate of the private respondent does not show the correct name of his father and therefore, he ought not have bee awarded any marks for 3 educational qualification. Learned writ court has clearly recorded the submissions advanced on behalf of the writ petitioner and it is clear that no such objection was raised before the writ Court. The only issue raised before the writ Court was in respect of acceptance of affidavit by father and brother of the private respondent that they will have no objection in allotting the land in question exclusively to the share of the private respondent, in case he was selected for dealership; and that the joint family property should not have been accepted as property of the private respondent. The writ court has gone into this aspect of the matter in detail and the relevant discussion in the order under appeal, in our view, suffers from no error. One cannot lose sight of the fact that advertisement is for entering into a commercial relationship and there are enough safeguards for the Oil Company, such as cancellation of the dealership, if the land is not made available within a fixed period. The selection for award of dealership is itself is finalized only after proper verification regarding possession over the land offered. It is well settled in law that in commercial transactions there should be some space available for play of 4 joints. We do not find any good reason to interfere in the matter. The appeal is dismissed. Jay/ (Shiva Kirti Singh,J) (Shivaji Pandey, J)