JUDGMENT :

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 26.06.2019 issued by the Chief Area Manager, Indane Area Office, Begusarai (Indian Oil Corporation Limited) whereby and where-under the candidature of the petitioner for LPG distributorship at location Chhitauni, District Madhubani has been cancelled. The petitioner has further prayed for declaring the fresh draw of lots held on 19.11.2019 in favour of the respondent no. 6 as null and void.

3. The brief facts of the case, according to the petitioner, are that an advertisement was published in the Hindi Daily News Paper namely Dainik Jagran on 17.06.2017 inviting applications for selection of LPG Gramin Distributor at location Chhitauni, Block Basopatti, District Madhubani. The petitioner along with other candidates had applied for being granted LPG distributorship and thereafter draw of lots was conducted on 10.01.2019, in which the petitioner was declared as a successful candidate, whereafter, she had deposited a sum of Rs. 20,000/-as security money for field verification. The petitioner had then submitted the requisite documents for field verification and had offered two different pieces of land, one for go-down and other one for showroom. The land offered for go-down is a piece of land leased out to the petitioner for a period of 15 years vide lease deed dated 04.08.2017 and as far as the showroom is concerned, another piece of land was offered by the petitioner, which has been leased out to her for a period of 15 years vide lease deed dated 04.08.2017. It is the contention of the petitioner that the said lease deeds dated 04.08.2017 contain a clause to the effect that lease will commence from the date of issuance of LOI to the petitioner by the Oil company so that rent is payable from that date, however, subsequently by way of abundant precaution, a rectification lease deed dated 14.05.2019 was executed in between the petitioner and the lessor with regard to the aforesaid two lease deeds dated 04.08.2017 and the same postulated that the lease period of 15 years will commence from the date of execution of the aforesaid two lease deeds dated 04.08.2017. Nonetheless, the respondent Corporation by the impugned letter dated 26.06.2019 has rejected the candidature of the petitioner for grant of LPG distributorship on account of the following deviation:-

“The successful candidate did not fulfil the relevant condition of “owning” a suitable piece of land for godown as well as showroom as on the date of submission of application”.

4. The learned counsel for the petitioner has submitted that the respondent Corporation has failed to consider the effect of rectification of lease deed and in any view of the matter, the lease deed cannot be futuristic inasmuch as the same is operational from the date of execution. The learned counsel for the petitioner has further referred to a judgment reported in 2019 (4) PLJR 663, rendered by a co-ordinate Bench of this Court in the case of Shankar Kumar Bhagat vs. The Indian Oil Corporation & Ors., paragraphs No. 13, 15, 18, 19, 27 and 33 whereof are reproduced herein below:-

“13. The aforesaid other conditions are the bone of contention in the present case. In order to appreciate the same, this Court would take note of the relevant part of the registered lease dated 18.12.2018 as under:-

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