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2015 Supreme(Cal) 679
IN THE HIGH COURT AT CALCUTTA
Subrata Talukdar, J.
Bablu Dutta - Petitioner
Vs.
Indian Oil Corporation Limited & Ors. - Respondents
W.P. No. 7199(W) of 2015
Decided On : 19-11-2015
For the Petitioner: Mr. Raghunath Chakraborty, Mr. M. Ahmed, Ms. Tanushree Das
For the Respondent: Mr. Pushpendu Chakraborty, Mr. A. Bhattacharya, Mr. Partha Sarathi Basu
An applicant for an LPG distributorship under the RGGLV scheme must be a permanent resident of either the gram panchayat or the Taluka/Tehsil of the advertised RGGLV location.
Headnote:
LPG DISTRIBUTORSHIP - RESIDENCE REQUIREMENT - PERMANENT RESIDENCE - MATRIMONIAL HOME - RESIDENCE CERTIFICATE - SELECTION PROCESS - VALIDITY
Fact of the Case:
The petitioner challenged the selection of the private respondent as an LPG distributor under the Rajiv Gandhi Gramin LPG Vitrak (RGGLV) scheme, alleging that she falsely represented her permanent address to be at the advertised location when she was actually residing at her matrimonial home.
Finding of the Court:
The court found that the private respondent's permanent residence was her matrimonial home and not the advertised location, as evidenced by her birth certificate and the venue of her son's rice-eating ceremony. The court also noted that the private respondent's residence certificate was ambiguous and did not provide clear evidence of her permanent residence.
Issues: 1. Whether the private respondent met the residential requirement for the LPG distributorship under the RGGLV scheme. 2. Whether the private respondent's selection as an LPG distributor was valid.
Ratio Decidendi: 1. The court held that the private respondent failed to meet the residential requirement under Clause 6(b) of the RGGLV guidelines, which required applicants to be permanent residents of either the gram panchayat or the Taluka/Tehsil of the advertised RGGLV location. 2. The court found that the private respondent's selection as an LPG distributor was not valid because she did not meet the eligibility criteria for the scheme.
Final Decision: The court allowed the petition and set aside the selection of the private respondent as an LPG distributor at the advertised location.
Subrata Talukdar, J.
The short question which this Court is required to answer in this writ petition is whether the selection of the private respondent no.5 to the LPG Distributorship of the respondents-Indian Oil Corporation Ltd. (for short IOCL) under the Rajiv Gandhi Gramin LPG Vitrak (for short RGGLV) is legally sustainable or not.
2. Sri Raghunath Chakraborty, Ld. Counsel appearing for the petitioner submits that the advertisement for appointing LPG Distributor at Village-Kumra along with other locations within the District of North 24-Parganas was published on 24th May, 2013. Both the writ petitioner and the private respondent no.5 along with other applicants applied and the last date for submitting the applications was 26th of June, 2013.
3. It is pointed out by Sri Chakraborty that at the time of submitting her application the private respondent no.5 declared herself to be a housewife and was permanently residing at her matrimonial home at Village-Bamihati, Habra, District – North 24 Parganas. Taking this Court to several documents both in the writ petition and in the affidavit-in-replies filed on behalf of the writ petitioner, Sri Chakraborty submits that the private respondent no.5, one Pinki Ghosh got married to one Ajay Ghosh of Village-Bamihati on the 31st of May, 2009. On the 12th of July, 2013 a male child was born to the couple. The permanent address of the parents in the birth certificate of the child was given as Village-Bamihati (Ghoshpara) under P.S.- Habra, District-North 24 Parganas. The birth took place at Henry Grey Nursing Home and Polyclinic, also located at Habra.
4. Further taking this Court to the documents annexed to the affidavit-in-reply filed on behalf of the writ petitioner, Sri Chakraborty argues that the rice-eating (‘Annaprasan’) ceremony of the child was also held at the permanent residence of the private respondent no.5 and her husband at Village-Bamihati as noted above. Sri Chakraborty argues that at no point of time after her marriage did the private respondent no.5 stay at her paternal home at Village-Kumra. Therefore, Sri Chakraborty further argues that the private respondent no.5 illegally represented before the respondents-IOCL while applying for the LPG Distributorship that her permanent address was at Village-Kumra, District-North 24-Parganas.
5. The second limb of Sri Chakraborty’s submission is that after her marriage and upon taking the seven steps (Saptapadi) around the sacred fire, the ‘gotra’ of the wife-private respondent no.5 is converted to the ‘gotra’ of her husband. In the absence of any other exceptional factors, the wife would be ordinarily held to be a part of her husband’s clan treating her matrimonial house in the usual course as her permanent residence.
6. In support of his submissions Sri Chakraborty relies upon a decision of a Hon’ble Division Bench of this Court in MAT No. 2607 of 2007 which was pleased to hold, inter alia, that upon completion of the ‘Saptapadi’ ritual the permanent residence of the wife automatically changes to the residence of her husband. Therefore, in the facts of this case when the private respondent no.5 has claimed herself to be a housewife it must be concluded that at the material point of time when applying for the distributorship, the private respondent no.5 was not a residence of the advertised location at Kumra.
7. Per contra, Sri Anjan Bhattacharyya, Ld. Counsel appearing for the private respondent no.5 relying upon the affidavit-in-opposition filed on her behalf, submits that all the certificates of the concerned authorities show that the private respondent no.5 has been a permanent resident of Village-Kumra. In this connection Sri Bhattacharya relies upon the certificates of the Prodhan, Kumra Gram Panchayat dated 17th June, 2013 as also of 26th February, 2014 and 16th April, 2014; the enquiry report of the AP & AO, Habra–I Development Block countersigned by the Block Development Officer (BDO), Habra-I Development Block dated
