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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, J.
Shankar Kumar Bhagat — Appellant
Versus
Indian Oil Corporation Limited — Respondent
Civil Writ Jurisdiction Case No. 11683 of 2019
Decided on : 29-07-2019
Government Contract – Award of dealership of regular/rural retail outlets (Petrol Pump – Eligibility criteria – By clearly stating about handing over of possession of land to lessee on the date of execution and registration of lease deed, lesser had made it clear that lease deed has come into force and has been acted upon simultaneously with its execution and registration – Handing over of land to lessee is a strong indication of intention of maker of document and it leads to irresistible conclusion that land in question had been available with applicant on the date of application – Once standard is set out in advertisement, Corporation has to adhere to said standard without any variation – Impugned e-mail notice set aside and respondent directed to proceed further taking the instrument as a legal and valid document which make available land to petitioner. (Paras 19, 23 and 33)
Transfer of Property Act, 1882 – Section 107 – Lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument – Lease deed is required to be registered when lease of immovable property is made. (Para 21)
Interpretation of Documents – While construing document one must have regard to meaning of words they have used meaning to all its parts should be given for the purpose – Document has to be read harmoniously as a whole giving effect to all clauses contained in document which manifest intention of person who executed document. (Paras 29 and 30)
ORDER :
Rajeev Ranjan Prasad, J.
Petitioner, in the present case, is seeking the following reliefs:
(ii) To issue an appropriate writ preferably in the nature of 'Mandamus commanding upon the respondent authorities to grant Retail Outlet for location no. 911 situated between Chhatapur Market and Hariharpur on State Highway 91, District-Supaul.
(iii) To held and declare that the petitioner fulfill criteria (v) Group-1 as laid down by the respondent authorities in their advertisement and brochure dated 24.11.2018.
(iv) To grant any other relief(s) for which the petitioner is found entitled to in the facts and circumstances of the case."
2. It is the case of the petitioner that pursuant to the advertisement dated 25.11.2018 published in Hindi Daily Hindustan and English Daily 'The Times of India' inviting applications for award of dealership of regular/rural retail outlets (Petrol Pump) at different locations in the State of Bihar, the petitioner applied for award of dealership in open category. He had applied for location no. 911 situated between Chhatapur Market and Hariharpur on State Highway 91, District-Supaul.
3. It is the further case of the petitioner that for purpose of the dealership , as required the petitioner had obtained a piece of land appertaining to Khata No. 284, Khesra No. 1129, Area 03 Decimal and Khesra No. 1129, Area 28 Decimal in Mauza-Rampur on lease hold basis from one Anandi Sahani. The lease deed is a registered deed for a period of 29 years from the date of execution of the lease deed. A copy of the lease deed has been brought on record as Annexure 2' to the writ application.
4. After draw of lots on 19.02.2019, the petitioner was declared selected for award of retail outlet dealership for the given location. He was directed to deposit a sum of Rs. 50,000/- as initial security deposit with the deed by depositing the same on 21.02.2019, proof thereof is Annexure 5' to the writ application. The petitioner, in order to rule out any ambiguity in the text and recital of the lease deed dated 18.12.2018 got executed a rectification lease deed dated 19.03.2019 by which it was clarified that the lease deed executed and registered on 18.12.2018 is valid for a period of 29 years with effect from the date of its execution and registration i.e. 18.12.2018.
5. The candidature of the petitioner was however declared ineligible by the respondent no. 3 by an email dated 08.05.2019 (Annexure-7) saying that the land documents submitted by him were not found valid for considering the offered land under Group-1 and his candidature had been found ineligible. This communication, as contained in Annexure 7', is the subject matter of challenge in the present writ application.
6. Mr. Rajesh Kumar Singh, learned counsel representing the petitioner submits that the candidature of the petitioner has been declared ineligible on a totally irrelevant consideration. Learned counsel has drawn the attention of this Court towards the relevant Clause 4 (v) of Group-1 of the brochure dated 24.11.2018 which lays down the criteria of having a lease deed for a minimum period of 19 years and 11 months. It is contended that the lease deed of the petitioner is for a period of 29 years and there is no ambiguity at all, however the ambiguity if any with regard to commencement of the lease deed has been clarified and reiterated in the rectification lease deed dated 19.03.2019, therefore, the respondent authorities cannot declare the candidature of the petitioner ineligible in Group-1. It is submitted that the pretext on w
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