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TMI Blog2018 (12) TMI 2013X X X X Extracts X X X X X X X X Extracts X X X X ..... hin block Falka but outside the limits of the place Giriyama. The District Magistrate and the Additional Collector clearly stated that the land was beyond Nisundhra Bangali Tola, which is the limit of Giriyama. It is well settled that in proceedings Under Article 226 of the Constitution of India, the High Court cannot sit as a Court of Appeal over the findings recorded by a competent administrative authority, nor reappreciate evidence for itself to correct the error of fact, that does not go to the root of jurisdiction. The High Court does not ordinarily interfere with the findings of fact based on evidence and substitute its own findings, which the High Court has done in this case. Even assuming that there had been any error in the computation of marks in respect of fixed and movable assets, the High Court could, at best, have remitted the case of Respondent Prakash Chandra Chaudhary to the concerned authorities for reconsideration. In exercise of discretionary power of judicial review Under Article 226 of the Constitution, the High Court might interfere with administrative matters only if the decision is violative of fundamental or basic principles of justice and fair play or s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Prakash Chandra Chaudhary being CWJ Case No. 2019 of 2015 and directing the Indian Oil Corporation, being the Appellant in SLP (C) No. 16902-16904 of 2018 to issue the Letter of Intent allotting the retail outlet in issue in writ petition to the said Respondent and also an order dated 14.3.2018 dismissing the applications for review of the said judgment and order dated 24.3.2017 of the Division Bench being Civil Review No. 215 of 2017 and Civil Review No. 231 of 2017 in LPA No. 855 of 2016. 3. On 19.8.2011, Indian Oil Corporation issued an advertisement in, inter alia, the Dainik Jagran, Patna inviting applications for different Kisan Seva Kendra (Retail Outlet) dealerships in respect of diesel, petrol, lubricant oils etc., at different locations. One of the retail outlets being the retail outlet in respect of which the writ petition being CWJ Case No. 2019 of 2015 was filed, was to be located on Falka Gerabari Road, within one kilometer from Giriyama Chowk, Giriyama in Katihar District in Bihar, and is hereinafter referred to, for convenience, as the Giriyama retail outlet. 4. Pursuant to the said advertisement, Sanjay Kumar Jha being the Appellant in appeal arising out of SLP(C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y erroneous but clearly collusive in that they were trying to favour the Appellant Sanjay Kumar Jha. 11. The learned Single Bench held that the action of Indian Oil Corporation in awarding the dealership of the Giriyama Retail Outlet to the Appellant Sanjay Kumar Jha was totally against law and patently illegal. 12. The learned Single Bench thus, in effect, held that the writ Petitioner, that is, the Respondent Prakash Chandra Chaudhary had wrongly been awarded zero in respect of the fixed and movable assets category. The Single Bench further held that in view of the finding as aforesaid, the writ Petitioner, that is Respondent Prakash Chandra Chaudhary had become the candidate with the highest marks, entitled to be awarded the dealership of the Giriyama Retail Outlet. 13. It is well settled that in proceedings Under Article 226 of the Constitution of India the High Court does not adjudicate, upon affidavits, disputed questions of fact. In arriving at the finding that the land offered by Respondent Prakash Chandra Chaudhary was located within Giriyama Mauza of Falka Block the learned Single Bench embarked upon adjudication of a hotly disputed factual issue, which the High Court, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Chandra Chaudhary to the concerned authorities for reconsideration. 17. Being aggrieved by the judgment and order dated 8.3.2016 of the learned Single Bench the Indian Oil Corporation filed an appeal therefrom, being Letters Patent Appeal No. 855 of 2016, which has been dismissed by the order dated 24.4.2017 of the Division Bench under appeal in these appeals filed by the Appellant, Sanjay Kumar Jha, and the Indian Oil Corporation respectively. 18. By the order under appeal, the Division Bench dismissed the appeal, rightly observing that the allotment was for Giriyama within the radius of one kilometer from Giriyama chowk at Falka Road. The Division Bench, however, fell in error in proceeding on the basis that the plot of the Appellant Sanjay Kumar Jha was not situated in Giriyama Chowk and as such the learned writ court had not committed any error in recording its finding. It is a matter of record that there were two reports in respect of the plots, both of which confirm that the plot of the Appellant was in Giriyama within 50 meters of Giriyama chowk whereas in case of Respondent Prakash Chandra Chaudhary, the Circle Officer, Falka had by letter dated 15.4.2014 confirmed that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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