IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S.S. SHINDE, K.K. SONAWANE, JJ.
Prashant S/o Gulabrao Kamble - Petitioner
Versus
Indian Oil Corporation Limited & Ors. - Respondents
Writ Petition No.12963 of 2018
Decided On : 08-01-2019
Constitution of India,1950 - Article 226 - Quash and set aside the impugned - Order or direction in like nature - Petitioner respondents issued advertisement News paper inviting online applications for appointment of Liquefied Petroleum Gas distributors in the State of Maharashtra. Village is reserved for Scheduled Caste category - Unified Guidelines for selection of LPG distributor will be applicable to all locations for appointment of LPG distributors effective - Petitioner offered plot of land bearing admeasuring square feet situated at village years on lease - Petitioner belongs to scheduled caste category and being eligible, submitted online application for his appointment as LPG distributor at village under category – Held, Petitioner does not claim to be resident of village Risangaon - It appears petitioner has not given any authentic proof of his residence and has while submitting the application form, given incorrect information stating he is resident of village - Petitioner has annexed the lease agreement, the perusal of which shows that the petitioner is resident of village - Therefore it is crystal clear that the petitioner is not resident of Risangaon and he is resident of village Pethpimpalgaon, on discovery candidature of petitioner has been rightly cancelled by the Respondent by its communication - Second ground raised by the respondent, at time of submitting online application, the petitioner has given information of lease agreement - Petition stands rejected
S.S. Shinde, J.
1. Rule. Rule made returnable forthwith and heard finally with the consent of learned counsel appearing for the parties.
2. This Petition is filed with the following prayers :-
“B. By issuing of writ of certiorari or writ or order or direction in like nature, to quash and set aside the impugned Communication dated 05/11/2018 issued by Respondent No.3; for that purpose issue necessary directions.
C. By issuance of writ of Mandamus or writ or order or direction in like nature, to direct the respondent No.2 to issue final Letter of Intent (LIO) with prior approval of competent authority in favour of the present petitioner; for that purpose issue necessary directions.
D. By issuance of writ of Mandamus or order or direction in like nature, to direct the respondent No.2 to be recommended offered plot of lands for construction of LPG godown/showroom and issue final Letter of Intent (LIO) with prior approval of competent authority in favour of the present petitioner; for that purpose issue necessary directions.”
3. It is the case of the petitioner that the respondents issued advertisement in daily Lokmat News paper dated 1st September, 2017, thereby inviting online applications for appointment of Liquefied Petroleum Gas (LPG) distributors in the State of Maharashtra. Village Risangaon, Tq. Loha, Dist. Nanded is reserved for Scheduled Caste (SC) category. Unified Guidelines for selection of LPG distributor will be applicable to all the locations for appointment of LPG distributors effective from June, 2017.
4. It is the case of the petitioner that on 29th September, 2017, the petitioner offered plot of land bearing Gat No.1092 (new 773) admeasuring 10 x 110 square feet situated at village Risangaon, Tq. Loha, Dist. Nanded, for 20 years on lease. As the petitioner belongs to scheduled caste category and being eligible, submitted online application on 1st October, 2017, for his appointment as LPG distributor at village Risangaon, Tq. Loha, Dist. Nanded under the category of Durvan Kshetriya Vitrak (DVK). The respondents by its letter dated 6th December, 2017 informed the petitioner that the petitioner has been qualified for draw of lots for selection of LPG distributorship for village Risangaon, Dist. Nanded.
5. It is the case of the petitioner that, again the respondent informed to the petitioner on 6th June, 2018 that the petitioner is qualified for online computerized draw of lots for selection of LPG distributor. Thereafter the respondents have also informed the petitioner on 31st August, 2018 that the petitioner is qualified for online computerized draw of lots for selection of LPG distributor, and further directed to the petitioner to remain present for online computerized draw of lots. In draw of lots conducted by the respondents on 7th September, 2018, the petitioner is the successful candidate. On 8th September, 2018, the respondents informed to the petitioner that, the petitioner has been declared as successful candidate in draw of lots conducted on 7th September, 2018, for distribution of LPG distributor at village Risangaon, Tq. Loha, Dist. Nanded. The respondents directed the petitioner to deposit an amount of Rs.20,000/-, applicable to Risangaon location and to submit set of documents within seven days.
6. It is the case of the petitioner that as directed by the respondents, the petitioner deposited the entire amount and submitted the set of all requisite documents on 14th September, 2018. The respondents verified the documents and the information mentioned in the application. Thereafter, the respondents twice visited to the plot of lands offered by the petitioner for construction of Godown/Showroom. However, respondent no.2 vide its impugned communication dated 5th November, 2018, observed that the petitioner is not resident of advertised location of Risangaon, therefore, the petitioner is not eligible for LPG distributorship at Risangaon, Dist. Nanded. The respondents failed to appreciate the Unified Gui
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