IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9436 of 2010 BINOD KUMAR son of Late Ragho Mahto, resident of village Ahiyapur, post and P.S Sirdala, Dist Nawada Bihar Versus 1. The Union of India through the Secretary, Department of Petroleum and Natural Gas, Govt. of India New Delhi. 2. The Secretary Department of Petroleum and Natural Gas, Govt. of India New Delhi. 3. The Chairman, Bharat Petroleum Corporation Ltd., Bharat Bhawan 4 & 6 Curimbhuj Road, Ballard Estate Post Box No. 688 Mumbai 400001. 4. The Managing Director, Bharat Petroleum Corporation Ltd., Bharat Bhawan 4 &6 Curimbhoy Road, Ballard Estate, Post Box N. 688 Mumbai 400001. 5. The Regional Manager, Bharat Petroleum Corporation Ltd. Exhibition Road, Patna. 6. The Selection Committee through its Chairman, Bharat Petroleum Corporation Ltd. Fatuha Industrial Area, Post P.s. Fatuha, dist Patna. 7. The Territory Manager L.P.G Bharat Petrolium Corporation Ltd. Fatuha Industrial Area Post P.S. Fatuha, Dist Patna. 8. Smt. Asha Devi Wife of Shri Surendra Mistri, R.O.V Sirdala, P.s. P.O. Sirdala Dist Nawada. 9. Shri Dhiraj Kumar Ranjan son of Shri Permanand Kishore, Resident of at Sirdala, P.s. P.O. Sirdala District nawada. ----------- 5 1.3.2011 1. Heard learned counsel for the petitioner, learned counsel for the Union of India, learned counsel for Bharat Petroleum corporation Ltd. as well as learned counsel for respondent No. 8. 2. This writ petition has been filed by the petitioner challenging decision of the Selection Committee of the Bharat Petroleum 2 Corporation Ltd. dated 8.4.2010 ( Annexure-7) as well as the subsequent draw held on 30.4.2010(Annexue-9) as per notice dated 9.4.2010 by which respondent No. 8 was found eligible and was selected on the basis of the said draw under Rajiv Gandhi Gramin L.P.G Gas Vitrak for the Sirdala location of Nawada district and for other ancillary reliefs. 3. Learned counsel for the petitioner stated that on 15.3.2010 (Annexure-5) a letter was issued to the petitioner by the authorities of Bharat Petroleum Corporation Ltd., stating that he did not own any land in the advertised location and he was not a resident of the advertised location, but he was directed to file fresh notarized affidavit as per Appendix-B for the financial year 2008-09 as well as his applicant if any, by 5th of April 2010 in the respondents’ office. 4. Learned counsel for the petitioner submits that in the said circumstances, the petitioner filed his complaint before the said Authority on 5.4.2010 but the said 3 complaint has not been decided yet, however, petitioner’s subsequent representation dated 29.4.2010 had been disposed of by the authorities on 12.6.2010 (Annexure-A of the counter affidavit), but prior to it the bid was opened on 30.4.2010. 5. Learned counsel for the petitioner submits that the original complaint of the petitioner which was filed on 5.4.2010 was to be decided by the authorities within three months and till the disposal of such petition the bid was not to be opened as per Clauses 12.5 and 12.6 of the selection Book of RGGLV (Annexure-1). He further submits that in these circumstances, a Bench of this Court vide order dated 21.6.2010 directed that no further steps shall be taken pursuant to the selection process by the respondents authorities. 6. Although, learned counsel for the respondents vehemently opposes the contention of the learned counsel for the petitioner but the fact remains that the provision of the aforesaid selection book, as well as the non- disposal of the petitioner’s complaint dated 4 5.4.2010 is writ large on the facts of the case. 7. In the said circumstances this writ petition is disposed of with a direction to the Territory Manager (L.P.G) Bharat Petroleum Corporation Ltd., Fatuha Industrial Area in the District-Patna (respondent No.7) to decide the complaint of the petitioner dated 5.4.2010 within two months from the date of receipt/production of a copy of this order which the petitioner must produce before the said authority within 15 days from today. It may be noted that the authorities shall decide the question in accordance with law expeditiously, with respect to each of the candidates separately as to whether they were residents of village-Sirdala and had lands in the said village on the date of opening of the bid and whether they fulfilled the other relevant legal and procedural requirements. Prakash (S. Nayer Hussain, J.)