Petitioner challenged rejection of LPG Distributorship candidature due to lack of owned land or valid lease on application deadline. Court held strict compliance with guidelines mandatory and dismissed petition.
Writ petition dismissed as devoid of merit; no cost.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Chief Justice's Court
Case :- WRIT - C No. - 378 of 2018
Petitioner :- Ram Bhavan Yadav Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Ashok Kumar Srivastava,Achal Singh Counsel for Respondent :- A.S.G.I.,Archana Singh
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Sri A.K. Srivastava, learned counsel for the petitioner. Learned A.S.G.I. on behalf of the State and Archana Singh, learned counsel appearing for the respondent nos. 2 to 4.
The instant writ petition is directed against the order dated 24 November 2017 passed by the respondent-Indian Oil Corporation Limited, whereby, candidature of the petitioner for award of L.P.G. Distributorship at Village Dhandraul, Gram Panchayat Karmav, Tehsil Robertsganj, District Sonbhadra under open category, advertised on 28 October 2016, has been rejected.
The impugned order rests, inter alia, on the following grounds: (a) that petitioner did not have land for godown within 15 kms from the advertised location as on the last date of submission of application form; (b) that the petitioner did not have land/shop for showroom; (c) that the petitioner expressed inability to provide alternate land for the purpose;
Learned counsel for the petitioner would submit that an alternate land was provided for the consideration of the Corporation, though, procured by him after the last date of submission of application form.
Learned counsel appearing for the respondentCorporation, in rebuttal, has drawn our attention to the provisions contained in the Guidelines for Selection for Regular L.P.G. Distributors, which reads thus:
"Own' for godown/showroom means having
(a) Ownership title of the property
or
(b) Registered lease deed having minimum 15 years of valid lease period commencing on any day from the date of advertisement up to the last date of submission of application as specified either in the advertisement or corrigendum (if any)."
On being confronted with the provision, noted herein above, learned counsel for the petitioner would admit that on the last date of submission of application form, petitioner did not own the property, or had valid lease deed for a minimum period of 15 years, however, would submit that the plot was acquired thereafter.
In the circumstances and in view of the specific guidelines, learned counsel for the petitioner failed to point out any illegality, infirmity or perversity in the impugned order. The petition being devoid of merit is, accordingly, dismissed.
No cost.
Order Date :- 5.1.2018 S.Prakash
(Dilip B Bhosale, CJ)
(Suneet Kumar,J)
1 issue framed by the court
Whether the petitioner satisfies the mandatory requirement of having a godown title or registered lease deed as of the last date of application submission.
Ram Bhavan Yadav
Union Of India
Indian Oil Corporation Limited
Dilip B Bhosale
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
