1 W.P. 4345/1997 ( J ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4345 OF 1997 Raju S/o Ramrao Ekhande Age : Major, Occ. Business, R/o : C/o G.P. Kharad Jai Bhavani S.S.K. Ltd., Shivajinagar, Georai, Dist. Beed. .... PETITIONER VERSUS 1. The Union of India 2. Ministry of Petroleum and Natural Gas, Govt. of India New Delhi. 3. Oil Selection Board for Maharashtra ,Goa, Daman and Diu, Avian Hotel, Nehru Road, Vile-Parle, Mumbai. 4. The Hindustan Petroleum Corporation Ltd., Mumbai. 5. Jstice Dr. Parmeshwar Dayal A-585 Block A – Indira Nagar, Lucknow (U.P.). 6. Mr. R.S. Nautiyal 65-L, Rajpur road, Dehradum (U.P.). 7. Mr. Naresh Pugalia Gandhi Chowk, Chandrapur ( Maharashtra ). .... RESPONDENTS 2 W.P. 4345/1997 ( J ) Mrs. M.A.Kulkarni, Advocate for petitioner. Mrs. Anjali Bajpai – Dube, Advocate for respondent no. 4. CORAM : B.R.GAVAI AND S.V.GANGAPURWALA, JJ. DATE : 06/07/2010 ORAL JUDGMENT : [ PER - B.R.GAVAI, J. ] 1. The petitioner has filed the present petition for setting aside the communication addressed by respondent nos. 1 and 2, thereby cancelling the selection of the petitioner for the kerosene dealership. 2. It is not in dispute that the petitioner was selected for grant of kerosene dealership after his selection on merit. However, the selection came to be cancelled only on the ground that the selection committee did not finalize the list within 24 hours. 3. Since there is an interim order operating in the present petition right from 25/11/1998, we have requested the learned counsel for respondent no. 4 to find as to whether the petitioner is running his business properly or not. The learned counsel for respondent no. 4 on instructions states that the petitioner is running business at Jalna and there are no complaints regarding his functioning. 4. Since we find that the selection of the petitioner was made by selection committee in accordance with law and that the said selection was cancelled for no fault attributable to the petitioner and since on account of 3 W.P. 4345/1997 ( J ) interim order, the petitioner has been running dealership for more than 12 years without there being any complaint, the petition deserves to be allowed. 5. Rule is, therefore, made absolute in terms of prayer clause ' B ' to the extent of the petitioner. However, there shall be no order as to costs. [ S.V.GANGAPURWALA ] [ B.R.GAVAI ] JUDGE JUDGE knp/WP 4345.97