Page No.# 1/4 GAHC010270822024 2025:GAU-AS:79 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6850/2024 SANTOSH BISWAS S/O SHRI GOBARDHAN BISWAS R/O CHAPLAI PT.1, P.O. BAGDEBA, P.S. DHUPDHARA, GOALPARA-783123, ASSAM VERSUS UNION OF INDIA AND 2 ORS. REPRESENTED BY THE SECRETARY TO THE MINISTRY OF PETROLEUM AND NATURAL GAS, GOVERNMENT OF INDIA, SHASTRI BHAWAN, NEW DELHI-110001. 2:THE HINDUSTAN PETROLEUM CORPORATION LIMITED. A PUBLIC SECTOR UNDERTAKING REPRESENTED BY ITS CHAIRMAN HAVING ITS REGISTERED OFFICE AT PETROLEUM HOUSE -17 JAMSHEDJI TATA ROAD MUMBAI-400020 MAHARASHTRA. 3:THE HEAD OF GUWAHATI ETAIL REGIONAL OFFICE HINDUSTAN PETROLEUM CORPORATION LIMITED GUWAHATI RETAIL REGIONAL OFFICE 2ND FLOOR JANAPATH HD COMPLEX GS ROAD ULUBARI GUWAHATI-781007 ASSA Page No.# 2/4 Advocate for the Petitioner : MR H K DAS, MR. B PANDEY,MR. U PATHAK,MR. A R GOGOI Advocate for the Respondent : DY.S.G.I., SC, H P C L BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 06.01.2025 Heard Mr. H.K. Das, learned counsel for the petitioner, who submits that the petitioner’s prayer in this writ petition, is for a direction to be issued to the respondent No.3, to dispose of the petitioner’s representation dated 08.11.2023. 2. The petitioner’s counsel submits that the petitioner being a Scheduled Caste and Physically Handicapped (75%) candidate, submitted his bid in terms of the Advertisement dated 25.11.2018 issued by the Hindustan Petroleum Corporation Limited (HPCL), for allotment of a retail outlet dealership under Group-3. 3. The HPCL thereafter issued a letter dated 13.03.2021 to the petitioner, stating that as he had not offered any land in his application for retail outlet dealership, he was to submit his proposed plot of land within 3 months from the date of the letter dated 13.03.2021. 4. The petitioner’s counsel submits that due to the Covid-19 lockdown, the petitioner was unable to acquire the required documents for the proposed plot of land, in which he proposed to set up the retail outlet dealership, if he was selected. This resulted in the cancellation of the petitioner’s candidature, vide Page No.# 3/4 the impugned e-mail dated 23.09.2021. The petitioner’s counsel submits that the petitioner should have been given some more time to provide the proposed plot of land for setting up his retail outlet dealership, if he was selected for the same. In this regard, the petitioner has submitted various representations, the latest being the representation dated 08.11.2023, which has not been decided by the authorities till date. 5. Mr. S. Borthakur, learned counsel for the respondent Nos.2 & 3 submits that he has got no objection to the prayer made by the petitioner’s counsel, though the petitioner’s writ petition has been filed after more than 3 years. 6. I have heard the learned counsels for the parties. 7. As can be seen from the averments in the writ petition, the petitioner’s candidature for the retail outlet dealership was cancelled vide e-mail dated 23.09.2021. Though the petitioner has apparently submitted representations to the authorities, the petitioner had first approached this Court in November, 2024 vide WP(C) No.4459/2023, which was withdrawn with liberty to file afresh. The present writ petition has been filed on 16.12.2024. Both the writ petitions have thus been filed 3 years after the cancellation of the petitioner’s application for allotment of the retail outlet dealership. This Court is of the view that there is some delay and laches in filing the writ petition. However, keeping in view the fact that the counsel for the respondent Nos.2 & 3 had submitted that the petitioner’s application can be decided by the respondent Nos.2 & 3, this Court is of the view that the writ petition need not be decided on merit, as the respondent Nos.2 & 3 can decide the petitioner’s representation, at their Page No.# 4/4 discretion. Accordingly, the respondent Nos.2 & 3 are directed to take a decision on the petitioner’s representation dated 08.11.2023 at the earliest and preferably within a period of 3 (three) months from the date of receipt of a certified copy of this order. 8. The writ petition is accordingly disposed of. JUDGE Comparing Assistant