PATNA, India, Oct. 24 -- Patna High Court issued the following judgment on Sept. 25:

Heard the learned counsel for the parties.

2. The present writ petition has been filed for the following reliefs:

"i. For quashing the BSO/RO/2023/MDO/1044 letter no. dated 22.05.2023 issued by respondent no.4, whereby and where under on wrong assumption of facts, it has cancelled the candidature of the petitioner for RO Dealership

ii. For quashing the letter dated 26.05.2023 by which the candidature of the petitioner was moved from Group-1 to Group- 3.

iii. For commanding the respondents to award the RO dealership to the petitioner. iv. For any other appropriate relief or reliefs may be granted in favor of the petitioner as your Lordship may deem fit and proper."

3. Learned counsel appearing for the appellant submitted that the rejection of his candidature was arbitrary, hyper-technical, and contrary to law. It was urged that the appellant had furnished a valid registered lease deed dated 22.12.2018 executed by Md. Sultan, one of the recorded co-sharers of the land (Annexure-5). Subsequently, Md. Nisarul Haq, the other co-sharer, executed his affidavit dated 19.12.2022 expressly affirming and consenting to the said lease (Annexure-9). The Circle Officer, Khajauli, in his report dated 17.12.2022, also confirmed the land particulars and dimensions and raised no objection to the appellant's claim (Annexure-8). It was contended that in view of these documents, the appellant had fully complied with the eligibility requirements prescribed under the dealership guidelines, and the objections taken by the respondents for declaring him ineligible were untenable, inconsistent, and unsustainable in law.

4. It was further urged that during pendency of the writ proceedings the respondents illegally proceeded to select respondent no. 5, thereby rendering the writ infructuous and causing irreparable prejudice.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MyMxMTg5IzIwMjQjMSNO---am1--2iYlyr7aK0=

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