CW 9809/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.9809/2007 Onkar Versus Indian Oil Corporation Ltd. Date of Order ::: 01/05/09 Hon'ble Mr. Justice Ajay Rastogi Mr. N.L.Soni for Mr. Lokesh Sharma, for petitioner Mr. Mukesh Verma for Mr. S.Kasliwal for respondent (IOC) Instant petition has been filed assailing the condition incorporated in advertisement dt.27/08/2007 (Ann.1) issued by respondent, Indian Oil Corporation Limited for allotment of retail outlet under Scheme of Kisan Sewa Kendra (“KSK”). Sole contention of petitioner is that the condition imposed that Kisan Sewa Kendra which has to be established within Five kms from Nadbai (Bharatpur) as notified by respondent (IOC) under advertisement, is arbitrary & violative of Art.14 of the Constitution. His grievance is that due to condition (supra), other applicants like him who does not fall within Five Kms on Nadbai Dehra Road would be deprived from consideration for allotment of Kisan Sewa Kendra through IOC, However, no notice has been issued by this Court but reply has been filed by respondents wherein it has been inter-alia averred that taking note of feasibility & CW 9809/07 //2// viability report examined by experts committee, such a decision laying down condition for allotment of KSK was taken and incorporated in advertisement in question and that apart, those having submitted applications were duly screened by the Committee and their merit was finally adjudged by respondent as is evident from minutes of meeting held for interview on 29/11/07 (Ann.R.1/1). Submission of Counsel for petitioner is bereft of merit for the reason that conditions incorporated in advertisement impugned are within administrative domain being based on their technical feasibility; therefore, cannot be questioned unless being violative of any provision of the statute or being imputed by malice eliminating petitioner from consideration in pursuance to process initiated by respondents. In absence whereof, this Court does not find justification to invoke equitable jurisdiction. Consequently, writ petition fails and is hereby dismissed. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.2/9809CW07May01.doc