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IN THE HIGH COURT OF JUDICATURE AT PATNA
A. ABHISHEK REDDY, J.
Veena Kumari Wife Of Sanjay Kumar – Appellant
Versus
The Indian Oil Corporation Ltd – Respondent
Civil Writ Jurisdiction Case No.24591 of 2013
Decided on : 12-07-2023
Advocate Appeared:
For the Appellant : Mr. Pankaj Kumar Jha, Adv.
For the Respondent: Mr. Anil Kumar Sinha, Adv.
IMPORTANT POINT
The resolution of the petitioner's grievance and the lapse of the RGGLV scheme led to the dismissal of the writ petition.
Headnote:
Writ Petition - Land Ownership Dispute - Rajiv Gandhi LPG Vitrak (RGGLV) - Not Applicable
Fact of the Case:
The petitioner filed a writ petition seeking relief for the rejection of their application for Rajiv Gandhi Gramin LPG Vitrak (RGGLV) dealership due to land ownership issues. The petitioner claimed that their application was not considered despite submitting necessary documents, while the respondents argued that the petitioner's land was eventually found to be in the desired location and included in the final list of eligible candidates.
Finding of the Court:
The court found that the petitioner's grievance had already been addressed by the authorities and had become infructuous. As the main grievance had been resolved and the RGGLV scheme had lapsed, the court dismissed the writ petition.
Issues: The main issue was whether the rejection of the petitioner's application for RGGLV dealership was justified due to land ownership issues.
Ratio Decidendi: The court held that since the petitioner's land was eventually found to be in the desired location and included in the final list of eligible candidates, the grievance had become infructuous. Additionally, the court noted that the RGGLV scheme had lapsed.
Final Decision: The writ petition was dismissed by the court.
JUDGMENT :
The present writ petition is filed for the following reliefs:
“(i) For issuance of writ/writs, order/orders, direction/directions in the matter of cerciorari for quashing the impugned letter Reference No. BAO/337 dated 22.10.2013 vide Annexure-5 issued by Area Manager, Indian Oil Corporation Limited, Indene Area Office Begusarai, Post Office Barauni Oil Refinery, District Begusarai (Respondent No. 6) whereby and where under the Application for Award of "Rajjev Gandhi Gramin L.P.G. Vitrak (RGGLV) at the location of Siripur, District Madhepura under open category advertised on 28.06.2013 in "Hindustan" daily in which the petitioner had submitted his application for award of Rajeev Gandhi Gramin LPG Vitarak under Gram Panchayat Rauta, Tengraha Sikiyaha Panchayat under Mauza Siripur. Police Station Kumarkhand, District Madhepura but the aforesaid letter, which has been issued by the Area Manager, Indian Oil Corporation Limited, Indene Area Office Begusarai, Post Office Barauni Oil Refinery. District-Begusarai (Respondent No. 6) on 22.10.2013 in which it has been mentioned that the Application Sl. No. BAO RGGLV/13-14/78/2004, which was submitted by the petitioner, has been informed that your candidature has not been found to be eligible for RGGLV as you do not have own land in the advertised location as applicable.
(ii) For further prayer for the petitioner to stay the impugned letter Reference No. BAO/337 dated 22.10.2013 vide Annexure 5 issued by Area Manager, Indian Oil Corporation Limited, Indene Area Office Begusarai, Post Office-Barauni Oil Refinery, District (Respondent No. 6).
(iii) For further prayer for the petitioner to direct the Respondent No. 6 (Area Manager, Indian Oil Corporation Limited, Indene Area Office Begusarai, Post Office Barauni Oil Refinery, District -Begusarai) to immediately grant the license of dealership of RGGLV LPG Godown and show-room while the petitioner has already submitted his application for Rajeev Gandhi Gramin LPG Vitarak (RGGLV) at the location of Siripur Mauza under Gram Panchayat Rauta Tegraha, Sikiyaha because the petitioner being the bona-fide candidate as he had submitted his application for dealership.
(iv) For further prayer for the petitioner to direct the Respondent No. 6 (Area Manager, Indian Oil Corporation Limited, Indene Area Office Begusarai, Post Office Barauni Oil Refinery, District -Begusarai) to not delete the name of the petitioner and immediately issue a letter in the name of the petitioner as selected candidate of RGGLV under Gram Panchayat Rauta Tegraha, Sikiyaha at the location of Mauza of Siripur.
(v) For further prayer for the petitioner to pass any other relief/ reliefs, order/orders, direction/ directions as may deem fit and proper in the facts and circumstances of this case.”
2. Learned counsel for the petitioner has stated that the authorities concerned without verifying the documents filed by the petitioner has rejected the application of the petitioner on the sole ground that the land owned by the petitioner is not in the advertised location (Annexure-5). Learned counsel for the petitioner has stated that in spite of submitting all the necessary documents relating to the land belonging to the petitioner in the desired location, the official respondents have not considered the application of the petitioner.
3. Per contra, learned counsel for the respondents has drawn the attention of the Court to the counter-affidavit filed by the respondent nos. 1 to 6 more particularly at Para-8 and Para-9, it is specifically stated that though the application of the petitioner was not considered initially on the ground that the land which was offered was not in the advertised location but subsequently, the applicant/petitioner had submitted representations to the authorities concerned on 31.10.2013 to 19.11.2013 along with documentary proof and the same was considered by the authorities concerned. That on re-verification of the documents submitted by the petitioner, it wa
