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J. B. PARDIWALA, R. MAHADEVAN
Pawan Kumar – Appellant
Versus
Union Of India – Respondent
ORDER :
1. Application seeking deletion of proforma Respondent No.1 from the array of parties is allowed at the risk of the appellant.
2. Cause title be amended accordingly.
3. Leave granted.
4. This appeal arises from the judgment and order passed by the High Court of Himachal Pradesh at Shimla dated 6-7-2023 in CWP No.835/2020, by which the Writ Petition filed by the Respondent No.5 -herein (original petitioner before the High Court) came to be allowed and thereby the allotment of dealership by Bharat Petroleum Corporation Limited to run a petrol pump in favour of the appellant - herein came to be cancelled.
5. The facts in brief necessary for the disposal of this appeal may be set out thus:-
6. The Bharat Petroleum Corporation Limited (for short, the “BPCL”) issued an advertisement dated 25-11-2018 for appointment/allotment of retail outlet dealerships for petrol pumps in the State of Maharashtra.
7. It is not in dispute that the appellant -herein made an online application showing his willingness for being appointed/allotted retail outlet dealership.
8. The appellant -herein claims to be falling within the OBC category and accordingly he applied against the OBC category on 24-12-2018.
9
Misrepresentation in application for dealership leads to cancellation of allotment, emphasizing the importance of full disclosure in public sector dealings.
Point of Law : Applications for selection of regular LPG distributorships were invited in April, 2011 by BPCL. One of the eligibility criteria was that the applicant should own a plot of land of adeq....
The court affirmed that applicants must be provided an opportunity to rectify deficiencies in their land documentation before rejection of their dealership applications, emphasizing the principles of....
'Family Unit' in case of married person / applicant, shall consist of individual concerned, his/her Spouse and their unmarried son(s) / daughter(s). In case of unmarried person/ applicant, 'Family Un....
LPG distributorship - Declaration that the applicant had never been convicted for any charge; no charge had been framed by any Court of law for any criminal offences involving moral turpitude or an e....
Judicial review is justified when administrative decisions lack transparency and fairness in adherence to established procedural guidelines.
The court established that compliance with specific eligibility criteria, including land ownership and dimensions, is essential for the approval of LPG distributorship applications, and that subseque....
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