IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1342 of 2005 In (CIVIL WRIT JURISDICTION CASE 498/2004) Krishna Kumar, son of Sri Ram Chandra Sahani, resident of village-Milki Badanpur, P.S.- Mahua, District- Vaishali ….. Appellant/Petitioner Versus 01. Union Of India through Secretary Department of Petroleum and Natural Gas Government of India, New Delhi 02. The Oil and Natural Gas Commission through its Chairman, Ministry of Petroleum Government of India, New Delhi 03. The Divisional Managers, I.B.P. Company Ltd., Abhay Bhawan, Frazer Road, Patna-1 04. R.S. Tulsi Divisional Manager, I.B.P. Company Ltd. Abhay Bhawan, Frazer Road, Patna-1 05. Sri Atul Priyadarshi, Area Manager (Sales), Patna-2 I.B.P. Company Ltd., Abhay Bhawan, Frazer Road, Patna-1 ….. Respondents/Respondents For the Union of India Respondents 1 & 2 :- Mr. P.L. Jaiswal (CGC) For the I.O.C.:- Mr. Anil Kr. Sinha, Advocate ---------------------------------- 11. 22.11.2011 The present writ petition is filed against the order dated 28.10.2005 passed by the learned Single Judge in C.W.J.C. No. 498 of 2004 whereby the writ petitioner-appellant herein has sought a direction upon the respondent Company I.B.P. which is merged with I.O.C. to take the land offered by him for the said purpose. Contention has sought to be raised before the learned Single Judge as well as before us that the land was not upto the specification mentioned in the advertisement. It is also 2 contended that the matter had never travelled beyond the stage of investigation. The learned Single Judge has observed that the petitioner’s application is not available on the record making offer of his land and there is also no material on record to show that the Company has finalized in choosing the land in question for the said purpose for establishing the retail outlet. Under the above circumstances, learned Single Judge has rejected the application. Learned counsel appearing on behalf of the appellant submits that the land was available as offered as per the specification order of the Corporation hence, the offer made by the appellant ought to have been accepted by the Oil Company, but, however, the learned Single Judge has observed that in absence of any such material, I am not inclined to accept such contention as it is a pure question of fact with reference to the specification of the land. Under the above circumstances, we dismiss the L.P.A. But, however we make it clear that this judgment will not stand in the way of the appellant to apply as and when fresh advertisement is published, with regard to the 3 subject matter as the land of the appellant according to him is according to the specification as advertised. P.K. (T. Meena Kumari, J.) (Vikash Jain, J.)