srk 1 wp-9215-10.sxw THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9215 OF 2010 Vinod Buawji Thakre ... Petitioner Versus The Indian Oil Corporation Limitedand others. ... Respondents Mr. Mandar Goswami i/by Mr. Parag Sharma for the petitioner. Mr. Sunil Gangan i/by M/s. RMG Law Associates for respondent No.1. Mr. S.R. Nargolkar, Additional Government Pleader for State-respondent Nos.2 and 3. CORAM : MOHIT S. SHAH, C.J. & S.J. VAZIFDAR, J. Tuesday, January 11, 2011 P.C. By this petition under Article 226 of the Constitution of India, the petitioner challenges the communication dated 10th November, 2010 (Exhibit `C' to the petition) received from the Indian Oil Corporation Limited, Mumbai cancelling the petitioner's selection for LPG distributorship at Teharabad in Nashik district in the open category. 2. The Indian Oil Corporation Limited had invited applications for dealership from the residents of Teharabad, Taluka Baglan in Nashik District. The petitioner applied in response to the said advertisement but mentioned in the application that "Resident of Teharabad (name of the village) Ladud". In the application, the petitioner relied on the certificate dated 11th May, 2010 issued by Tahasildar, Baglan stating that the petitioner is a resident of Teharabad, The Indian Oil Corporation Limited sought clarification from the Tahasildar, Baglan and in reply, Tahasildar vide letter dated 20th October, 210 confirmed that the srk 2 wp-9215-10.sxw petitioner is a resident of village Ladud, district Nasik. The Tahasildar, Baglan also issued a residence certificate dated 17th September, 2010 stating that the petitioner is a resident of Ladud. 3. In view of the above, Indian Oil Corporation Limited cancelled the petitioner's selection for the LPG distributorship at Teharabad. 4. In view of the above communication, the petitioner has filed the present petition. 5. The learned counsel for the petitioner submits that the petitioner has produced documents in support of the petitioner's case that he is presently residing at Teharabad and that the petitioner had mentioned that he is resident of village Ladud only because that is his native village but the petitioner has property at village Teharabad also. 6. In view of the confusion the petitioner himself created by referring to both, Teharabad and Ladud in his application and any other documents, it appears to us that interests of justice will be served if the petitioner produces such documents before the Tahasildar, Baglan, District Nashik for finally deciding the question whether the petitioner is a resident of Teharabad. Tahasildar. Baglan will decide this issue expeditiously and within three weeks from receipt of the application. Tahasildar, Baglan shall clearly certify whether the petitioner is a resident of Teharabad or not. Even if the petitioner has other properties at Ladud and Ladud is the petitioner's native village where, according to the petitioner, his parents are residing, all that the Tahasildar, Baglan shall decide is whether the petitioner is residing at Teharabad and if yes, since when. srk 3 wp-9215-10.sxw 7. It is obvious that since the matter is being remanded to Tahasildar, Baglan for the above purpose, the Indian Oil Corporation Limited will keep in abeyance the cancellation letter dated 10th November, 2010 for a period of three weeks from today. Accordingly, any redraw shall not be held for a period of three weeks and ultimately, if the Tahasildar certifies that petitioner is a resident of Teharabad, the impugned cancellation order dated 10th November, 2010 shall stand set aside. 8 The writ petition is accordingly, disposed of in the above terms. CHIEF JUSTICE S.J. VAZIFDAR, J.