IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, J.
Narottam Raj S/o Ram Kewal Ram – Appellant
Versus
Hindustan Petroleum Corporation Ltd. - Respondent
Civil Writ Jurisdiction Case No.16575 of 2019
Decided on : 24-12-2021
Government Contract – LPG Distributorship – Clause-18(b) read with clause-1(w) and Clause 8 (j) of Unified Guidelines for Selection of LPG Distributors-June 2011 – Non-acceptance of alternate plot of land – Petitioner has admittedly failed to produce any registered lease deed of offered land in consonance with conditions stipulated in unified guidelines, even after being granted adequate opportunity – Un-registered lease deed submitted by petitioner has rightly not been accepted by respondent Corporation in consonance with provisions contained in Clause 1(w) and clause 18(b) of Unified Guidelines – Candidature of petitioner has rightly been rejected by respondent Corporation – Once standard is set out in advertisement/ Unified Guidelines, Corporation has to adhere to said standard without any variation – In case, Corporation allows any alteration same will amount to subjective approach and in order to remain objective, Corporation is required to adhere to standards mentioned in advertisement/the Unified Guidelines – Writ Petition dismissed. (Paras 17 to 20)
JUDGMENT :
1. The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
2. The present writ petition has been filed for quashing the letter dated 19.07.2019 issued by the Chief Regional Manager, Hindustan Petroleum Corporation Ltd., Patna Regional Office, Patna whereby and where-under the request made by the petitioner for acceptance of alternate plot of land has not been entertained. The petitioner has further prayed to direct the respondent Corporation to accept the alternate plot of land offered by the petitioner vide letter dated 17.07.2019.
3. The brief facts of the case, according to the petitioner, are that advertisements were published in the daily news paper on 17.06.2017 and 18.06.2017 inviting applications for grant of LPG distributorship by the respondent Corporation qua the location namely village-Sonhathu within Haspura Block District- Aurangabad, whereupon the petitioner had applied for grant of dealership on 13.07.2017 under SC category. The petitioner had then participated in the draw of lots held on 21.12.2017 and was declared to be unsuccessful. Subsequently, the petitioner was again directed vide letter dated 17.06.2019 to participate in the draw of lots to be held on 22.06.2019, pursuant whereof the petitioner had participated in the draw of lots held of 22.06.2019 and the petitioner had succeeded in the draw of lots, hence the petitioner was called upon to furnish the necessary documents for the purposes of field verification, which the petitioner had submitted vide letter dated 28.06.2019. Thereafter, the petitioner had received a letter dated 01.07.2019 issued by the respondent Corporation whereby and where-under the petitioner was intimated for the first time that the land offered for the showroom did not fall within the village for which the advertisement has been issued, hence, the petitioner was called upon to furnish alternate plot of land in terms of Clause-18 of the brochure, which requires a plot of land within the advertised location with deed of conveyance being either sale or lease, duly registered on a date prior to the last date of submission of application. The petitioner vide letter dated 17.07.2019 had furnished a copy of deed of lease executed on a stamp paper of Rs.1000/-, before the last date of submission of the application. Nonetheless, the Chief Regional Manager of the respondent-Corporation, vide the impugned letter dated 19.07.2019 informed the petitioner that the un-registered lease deed submitted by the petitioner in response to the letter dated 01.07.2019 was not acceptable as it did not meet the eligibility conditions as laid down in the Unified Guidelines for selection of LPG distributorship-June 2017 and afforded last opportunity to the petitioner for providing an alternate land for showroom within the advertised location, meeting the eligibility criteria as laid down under Clause-8(i) and 8(j) of the unified guidelines. It was also stated in the said letter that if the offer for alternate letter is not received within 15 days, it would be presumed that the petitioner does not have any alternate land and the Management would proceed further with respect to cancellation/rejection of the candidature of the petitioner.
4. The learned counsel for the petitioner has referred to various clauses of the brochure of unified guidelines for selection of LPG Distributors-June 2011 (hereinafter referred to as the "Unified Guidelines"). The learned counsel for the petitioner has taken this Court to Clause-8 of the Unified Guidelines to show the eligibility criteria required to be fulfilled by the applicants and has referred to clause-j thereof i.e. the one pertaining to showroom, relevant portion whereof is reproduced herein below:-
In case if the offered land for Godown and/or offered land for show
P. Mahendran & Ors. Vs. State of Karnataka
The court affirmed that alternate land can be offered after the issuance of a Letter of Intent, even if not owned by the applicant at the application deadline, emphasizing judicial restraint in admin....
Eligibility criteria for distributorship must be met by the application deadline; courts cannot relax these conditions post-factum.
Section 105 of Transfer of Property Act, 1882 read with Section 17(1)(d) and Section 49 of Registration Act, 1908 which specifically mandates that a lease deed for a period exceeding one year is comp....
Adherence to specified eligibility criteria, particularly the requirement of a registered lease deed for the plot of land offered for LPG distributorship, is crucial for consideration of candidature.
The applicant must fulfill the eligibility criteria at the time of application, and decisions regarding forfeiture must be justified and not arbitrary.
The main legal point established in the judgment is the significance of meeting the eligibility criteria, particularly the requirement of ownership or registered lease deed for the plot of land offer....
Point of Law : Article 14 of the Constitution of India envisages only positive equality and it does not embrace any concept of negative equality.
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