communication dated 19th August 2014, forming subject matter of challenge in Writ Petition filed by Ramakant Magar can be dealt with first. Perusal of Clause No. 6.1 of the guidelines for selection reveal that at page 7 of said book of guidelines, with reference to Sub-Clauses (vii) and (viii) of this Clause 6.1, there is a clarification. The first part of clarification points out the meaning of word ‘own’ . Paragraph thereafter is regarding the land jointly owned by applicants. It states that if such land is jointly owned and share of land in the name of applicant meets the requirement of land including dimensions required, that land for godown / showroom also qualifies for examining eligibility as own land, subject to submission of no objection certificate in the form of a notarized affidavit from its other owners. The proforma of this notarized affidavit is given in Appendix IV. It specifically stipulates that all the joint owners / joint lessees of land except the applicant have to submit their individual affidavit. Thus, this affidavit is essential only when it is shown that land offered does not belong exclusively to Ramakant and some other persons also have interest in or title to it. Petitioner - Ramakant in his affidavit has pointed out this position & his sole ownership. However, the same appears not to have been looked into. There is nothing on record to show that land offered by petitioner was not available exclusively to him and there are any joint holders. The rejection of his application on the said ground, therefore, is unsustainable.
