IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4214 of 2006 Rahul Kumar Versus Hindustan Petroleum Corporation Ltd. ---------------------------------- 05/ 23.11.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging order dated 26.12.2005 (Annexure 7) passed by the authorities of respondent- Hindustan Petroleum Corporation Ltd., by which Letter of Intent for allotment of retail outlet at Jeevdhara, Motihari was cancelled. 3. The specific grievance of the petitioner is that nop opportunity was given to him to place his case before passing the said order although Letter of Intent was cancelled on the basis of certain allegations against the petitioner raised by some one. In the said circumstances, without going into the merit of the respective claim of the parties, the matter requires a decision on this issue. 4. The petitioner in support of his aforesaid claim has produced order dated 04.10.2005 (Annexure 6) along with the impugned order dated 26.12.2005 (Annexure 7), which clearly showed that there was mention that the petitioner was ever heard. However, claim of the respondents is that before passing the said order, the petitioner had filed an application before the authorities concerned and only thereafter the said order was passed. But filing of the application for certain reliefs does not amount as a show cause with respect to the allegations leveled against him, on the basis of which Letter of Intent was going to be cancelled, for which the 2 respondents were duty bound to send notice to the petitioner. 5. In the said circumstances, the impugned order dated 26.12.2005 (Annexure 7) passed by the authorities of Hindustan Petroleum Corporation Ltd. is hereby quashed and this writ petition is disposed of with a liberty to the respondents to proceed afresh, if they so like, against the petitioner in the aforesaid matter and issue notice to him so that he may file his reply/show cause, after considering which a reasoned order may be passed in that regard. MPS/ ( S. N. Hussain, J.)