In the High Court of Punjab and Haryana at Chandigarh C.W.P.No. 12652 of 2007 Date of Decision:29-04-2008 Rajinder Singh ---Petitioner vs. Union of India and others ---Respondents Coram: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr. S.S.Kanwal, Advocate, for the petitioner Mr. Rajiv Sharma, Central Government Standing counsel for respondent No. 1 Mr. Ashish Kapoor, Advocate, for respondent Nos. 2 and 3. M.M.KUMAR, J. Prayer made in this petition filed under Article 226 of the Constitution is for issuing direction to the respondents to consider the application dated 13.12.2005 (P-2) of the petitioner for allotment of retail outlet dealership. In the written statement, respondents has taken the stand that the petitioner has submitted his application on 13.12.2005 for the allotment of dealership in respect of location “Talwara to Daulatpur Road”. A detailed scrutiny of the papers submitted by the petitioner was undertaken by respondents and it was found that the petitioner did not submit the require affidavit as per Annexure 'A'. Accordingly he was not considered eligible. The affidavit is required to be submitted by the individuals and C.W.P.No. 12652 of 2007 -2- partners of the partnerships. A copy of the format is attached as R-1. Mr. Ashish Kapoor, learned counsel has also produced oroginal record before us showing that affidavit of concerned relationship by the existing dealer has not been submitted as is evident from the check list. The aforementioned remarks has been made by Scrutiny Officer on 27.12.2005. The petitioner, however, claims that the affidavit was sent which was duly attested by the Oath Commissioner on 9.12.2005. In view of the aforementioned facts, it becomes evident that the parties are seriously differing on questions of facts which cannot be determined in these proceedings. Therefore, the petitioner is relegated to avail any other remedy in accordance with law. Writ petition stands disposed of. (M.M.KUMAR) JUDGE (SABINA) JUDGE April 29, 2008 paramjit