IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1764 of 2006 RAJU ARSHAD Versus THE UNION OF INDIA & ORS ----------- 5 2.9.2008 Petitioner had made an application for being considered for establishing a petroleum retail outlet for Bharat Petroleum Corporation Limited. The advertisement specified the location in between Dholi and Kajinda on NH 28. After scrutiny of all applications, petitioner was empanelled as the first candidate. When he was not being issued letter of intent, he filed this writ application. In the meantime, letter of intent was issued by the Corporation to the second empanelled candidate, which has fructified in commissioning his outlet by now. In the counter affidavit, the reason for not issuing letter of intent to petitioner has now been disclosed. It is stated that the site, as offered by the petitioner was not between Dholi and Kajinda but was on the wrong side of Dholi though on NH 28 being 2 Kms. away from Dholi zero mile. In effect what the respondent submits that the extremity of the location is to be determined in between zero miles Dholi and zero mile Kajinda. Admittedly, petitioner’s site is not within this. It is 2 kms. beyond zero mile Dholi on the wrong side. Mr. Chitranjan Sinha, learned Senior counsel appearing in support of the writ petitioner submits that the advertisement does not specify this extremity and as such his location being at Dholi or within Dholi, he could not have been disqualified. - 2 - Heard learned counsel for the parties and with their consent this writ application is being disposed of at this stage itself. Undisputedly, the advertisement lays down that the site offered must be between Dholi and Kajinda on NH 28 .As is well known a place is not merely a point. It is an area having length and breadth but when it come to fixing a point within the said length and breadth along the road on National Highway then common sense apply to ascertain a well established and identified point, which is taken to be the zero miles. It cannot be said to be wrong. Once this is accepted then what is meant by “between Dholi and Kajinda” is between zero miles Dholi and zero miles Kajinda then undisputedly petitioner’s site, as offered is not within the same. In my view, the discretion as exercised by the petroleum Corporation cannot be held to be arbitrary in any manner on the aforesaid facts. The writ petition merits no further consideration and is dismissed accordingly. singh (Navaniti Prasad Singh)