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IN THE HIGH COURT OF JUDICATURE AT PATNA
G. ANUPAMA CHAKRAVARTHY, J.
Manoj Kumar Saksena, Son Of Late Biseshar Paswan –Appellant
Versus
Indian Oil Corporation Ltd – Respondent
Civil Writ Jurisdiction Case No.23000 of 2013
Decided on : 01-04-2024
CERTIORARI - LPG DISTRIBUTORSHIP ALLOTMENT - Article 226 of the Constitution of India - The court discussed the discretionary nature of writ jurisdiction under Article 226, emphasizing the importance of timely action in seeking relief. It highlighted the principles of delay and laches, referencing several Supreme Court judgments that establish the need for promptness in filing writ petitions. The court concluded that the petitioner failed to provide a registered lease deed at the time of application, leading to the cancellation of his candidature and the subsequent allotment of the distributorship to another candidate.
Fact of the Case:
The petitioner applied for an LPG distributorship after being declared eligible based on his status as a son of an Ex-Army personnel. Despite being initially selected, his candidature was later cancelled due to the lack of a registered lease deed for the required land, which was a condition for eligibility. The petitioner contested this decision, claiming he had provided necessary documents and that the allotment to another candidate was arbitrary.
Finding of the Court:
The court found that the petitioner did not possess a registered lease deed at the time of application, which was a prerequisite for eligibility. The court also noted that the petitioner delayed in challenging the allotment to the third party, which further weakened his case. The court emphasized the principles of delay and laches in its analysis.
Issues: Whether the cancellation of the petitioner's candidature for LPG distributorship was justified based on the lack of a registered lease deed and whether the subsequent allotment to another candidate was arbitrary.
Ratio Decidendi: The court held that the absence of a registered lease deed at the time of application rendered the petitioner ineligible for the distributorship. It reiterated that writ jurisdiction is discretionary and should not be exercised in cases of delay and laches, as established in previous Supreme Court rulings.
Final Decision: The writ petition was dismissed as it was found to be devoid of merit due to the petitioner's failure to meet eligibility requirements and the significant delay in challenging the allotment to the third party.
JUDGMENT :
G. ANUPAMA CHAKRAVARTHY, J.
This writ application has been filed for issuance of a writ in the nature of Certiorari for quashing the letter No. PAT/LPG/NEW/GP/156/02 dated 25.09.13 (annexure-15) issued under the signature of Sri Arun Prasad, the Chief Area Manager, Indane Area Office, Patna, whereby the candidature of the petitioner has been cancelled with a contention that he does not have lands for Godown and Show Room, as on date of application. Further, for issuance of a writ in the nature of Mandamus directing and commanding the respondent to allot regular LPG distributorship to the petitioner in the light of letter dated 28.4.2013 by which the petitioner was declared as selected candidate.
2. The brief facts culled out of the petition are that the respondents have made an advertisement in daily 'HINDUSTAN' News Paper on 18th May 2012 inviting the application from eligible persons of different categories. Basing on the said advertisement, the petitioner, who got an eligibility certificate from Ministry of Defense, New Delhi on 18.6.12, has made an application. The petitioner is son of an Ex-Army personnel, who worked in Army Medical Core and got retired in the year 1999. Thereafter, in the year 2003 he joined Defense Security Core and on 23.10.2007 he got Martyred, while performing his duty. After obtaining eligibility certificate, the petitioner applied for regular LPG distributorship under GP category on 29.06.12. Along with the said application, he has given 36 documents, including the Notarised Lease agreement deed dated 26.06.2012 for land bearing Plot No. 1731 Khata No. 663, area 36 decimals, in Thana No. 191, under Mauza Nanpur, P.S. Nanpur, District-Sitamarhi executed by one Ramjiwan Choudhary in favour of the petitioner for 30 years. By letter dated 15.01.2013 issued by the Chief Area Manager, Patna Area Office, the petitioner was reminded for the original eligibility certificate, which was supplied by him. On verification of the documents, the petitioner was considered for draw, thereafter, the petitioner qualified for selection of LPG distributorship, which was informed to him by letter dated 06.04.2013. Further, the respondents also called the petitioner personally and checked his Photo Identity Card on 28.04.2013, at the Indane Area Office Patna, 1st Floor Shahi Bhawan, Exhibition Road, Patna.
3. The Petitioner was declared a selected candidate and he received the letter dated 28.04.2013. The respondents again made verification of the documents with the concerned officials, vide letter dated 14.5.2013 and the caste and residential certificates of the petitioner were verified by the Circle Officer, Bajpatti, District Sitamarhi. Further the Circle Officer replied vide letter No. 319 dated 18.05.2013 that the then Chief Area Manager, Indian Oil Corporation, Patna supporting the papers of the petitioner. On 07.06.2013 the petitioner applied for a Nazri Naksha in the office of Circle Officer, Nanpur of the plot No. 1731, Khata No. 663, which was acquired by the petitioner for the purpose of Godown for the LPG Show Room. The Circle Officer issued a Nazri Naksha of the plot, after due physical verification. The Notarize Lease Agreement, which was verified by the Registrar of the Registry office, Pupari dated 08.07.2013 of the Chief Area Manager. The Sub Registry Office, Pupari informed that the lease dated 26.6.2012 was not registered in this office. The respondents verified the lease agreement copy and addressed a letter dated 16.07.2013 to the Notary Public Sitamarhi who informed that he notarized the document of the petitioner. The respondent Chief Area Manager addressed a letter to the petitioner on 02.09.2013 for alternate land in the name of applicant/family unit as per advertisement and gave time to reply within seven days.
4. The respondent Indian Oil Corporation has filed a detailed counter affidavit contending that the writ application against the Indian Oil Corporation is not maintainable at all sin
The court established that timely action is crucial in seeking judicial relief under Article 226 of the Constitution, and failure to comply with eligibility requirements can lead to the dismissal of ....
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....
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....
The applicant must fulfill the eligibility criteria at the time of application, and decisions regarding forfeiture must be justified and not arbitrary.
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 rejection of an LPG distributorship application is valid if eligibility criteria related to land ownership, as per selection guidelines, are not met, and principles of natural justice are not vio....
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