IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1869 of 2011 In Civil Writ Jurisdiction Case No. 5340 of 2011 With Interlocutory Application No. 8376 of 2011 And Interlocutory Application No. 8377 of 2011 In Letters Patent Appeal No. 1869 of 2011 ====================================================== Jagjit Kumar Anand son of Shri Raghu Nandan Yadav, resident of village- Banma, P.O. Itahari, P.S.-Salakhua, Town and District-Saharsa. .... Petitioner/ Appellant Versus 1. The Hindustan Petroleum Corporation Ltd. A Government of India Enterprises having its registered office at 17, Jamshedpur Tola Road, Mumbai-400020 through its Chairman-cum-Managing Director. 2. The Senior Regional Manager, Hindustan Petroleum Corporation Limited, (L.P.G. Region) 6th floor Lok Nayak Jai Prakash Bhawan, Dak Banglow Road, Patna. 3. The District Magistrate-cum-Collector, Saharsa. 4. The Circle Officer, Banma Itahari, Saharsa. .... Respondents/ Respondents ====================================================== Appearance : For the Appellant : Mrs. Alka Verma, Advocate Mr. Arun Kumar, Advocate For the Respondents 1 &2: Mr. Sanjay Kumar Mishra, Advocate For the Respondents 3& 4 : Mr. Chandra Shekhar Singh, A.C. to G.P.-16 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 07-12-2011 Re: I. A. No. 8376 of 2011 The delay of 32 days occurred in filing the Letters Patent Appeal is condoned. Patna High Court LPA No.1869 of 2011 (2) dt.07-12-2011 2 / 3 2 Interlocutory application stands disposed of. Re: L.P.A. No. 1869 of 2011 Feeling aggrieved by the judgment and order dated 8th July 2011 passed by the learned single Judge in above CWJC No. 5340 of 2011 the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. It appears that pursuant to the advertisement published by the respondent Hindustan Petroleum Corporation Limited on 17th October 2009, the appellant applied for L.P.G. distributorship for Banma Itahari region of Saharsa District. The application made by the appellant was rejected on the premise that the land offered by the appellant for construction of godown was not within the revenue limits of Banma Itahari. Since then, having realized that Banma Itahari is a Block and is not a village or a town; the village is village Itahari and that Tola Banma is situated in village Itahari, a fresh advertisement has been issued on 28th February 2011. In the challenge to the cancellation of his candidature by the appellant in CWJC No. 5340 of 2011, the learned single Judge has upheld the claim of the appellant that the land offered by him for construction of godown was within the revenue limits of Banma Itahari region. However, the learned single Judge has directed the appellant to apply for distributorship afresh pursuant to the advertisement dated 28th February 2011. Learned advocate Mrs. Alka Verma has appeared for the appellant. She has submitted that once the grievance of the appellant was justified, the appellant was entitled to a complete relief. The appellant should have been allotted the L.P.G. distributorship pursuant to the advertisement dated 17th October 2009. Patna High Court LPA No.1869 of 2011 (2) dt.07-12-2011 3 / 3 3 We see no substance in the submission made by Mrs. Verma. As recorded by the learned single Judge, the selection process pursuant to the advertisement dated 17th October 2009 has been cancelled on account of the error in respect of the location. Selection process has been initiated afresh by advertisement dated 28th February 2011. It is only just that the appellant should be allowed to participate in the selection process pursuant to advertisement dated 28th February 2011. We see no merit in this Appeal. Appeal is dismissed in limine. BTiwary/Devendra/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)