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IN THE HIGH COURT OF GAUHATI
Manish Choudhury, J.
Mira Rani Sarkar - Appellant
Versus
Union Of India And Others - Respondent
W.P. (C) (Writ Petition (Civil)) No. 8440 of 2018
Decided On : 05-02-2021
LPG Distributorship - Eligibility Criteria - Brochure on Unified Selection Guidelines - Clause 1(w), Clause 8 - The court discussed the eligibility criteria for distributorship of LPG as laid down in the Brochure on Unified Selection Guidelines, emphasizing the requirement of ownership or registered lease deed for the plot of land offered for distributorship. The court referred to the definitions provided in Clause 1(w) and the eligibility criteria outlined in Clause 8, highlighting the specific terms and conditions for ownership and lease agreements. The court's decision was influenced by the applicant's failure to meet the eligibility criteria, as per the advertisement and the Brochure, and the provisions of Clause 26 regarding rejection and forfeiture of the application fee.
Fact of the Case:
The petitioner applied for distributorship of LPG for a specific location in Assam, offering a plot of land on lease. After being declared successful, the petitioner's candidature was rejected due to the unregistered lease deed, leading to the forfeiture of the application fee. The petitioner challenged this decision in a writ petition.
Finding of the Court:
The court found that the petitioner did not fulfill the eligibility criteria as per the advertisement and the Brochure on Unified Selection Guidelines, specifically regarding the ownership or registered lease deed for the offered plot of land. The court also set aside the decision to forfeit the application fee, citing lack of due application of mind by the respondent authorities.
Issues: The main issue was the petitioner's eligibility for LPG distributorship based on the ownership or lease agreement for the offered plot of land, and the forfeiture of the application fee.
Ratio Decidendi: The court's decision was based on the petitioner's failure to meet the eligibility criteria as per the advertisement and the Brochure, and the unjust and arbitrary nature of the decision to forfeit the application fee.
Final Decision: The court disposed of the writ petition, upholding the rejection of the petitioner's candidature for LPG distributorship but setting aside the decision to forfeit the application fee. The respondent authorities were directed to return the amount of Rs. 30,000 to the petitioner.
JUDGMENT
Manish Choudhury, J. - The writ petition under Article 226 of the Constitution of India is preferred by the writ petitioner for setting aside and quashing of a letter dated 17.11.2018 issued by the respondent no. 5 i.e. the Chief Regional Manager, Hindustan Petroleum Corporation Limited whereby the application of the petitioner offered for distributorship of Liquefied Petroleum Gas (LPG) for the subject location, Borokalia Sharsho, District - South Salmara - Mankachar, Assam was rejected and for a direction to the respondent authorities in Hindustan Petroleum Corporation Limited to accept the application of the writ petitioner for the afore-mentioned subject location.
2. The genesis behind the writ petition is an advertisement published jointly by three Public Sector Oil Marketing companies viz. Indian Oil Corporation Limited (IOCL), Bharat Petroleum Corporation Limited (BPCL) and Hindustan Petroleum Corporation Limited (HPCL) for selection of distributors of Liquefied Petroleum Gas (LPG) in 93 locations in different districts of the State of Assam.
3. By the said advertisement published in the daily newspaper, "Asomiya Pratidin", in its issue dated 25.05.2018, the Public Sector Oil Companies viz. Indian Oil Corporation Limited (IOCL), Bharat Petroleum Corporation Limited (BPCL) and Hindustan Petroleum Corporation Limited (HPCL) invited applications on-line from interested candidates for selection of distributors of Liquefied Petroleum Gas (LPG) in 93 locations in different districts of the State of Assam. The last date of submission of on-line application was 25.06.2018.
3.1. The advertisement inter alia laid down the eligible criteria for distributorship of LPG. The applicants were further requested to go through the related Brochure carefully before filling up the applications, which was available in the website www.lpgvitarakchayan.in. The eligibility criteria were mentioned in detail in 'the Brochure on Unified Guidelines for Selection of LPG Distributors' (hereinafter referred to as 'the Brochure on Unified Selection Guidelines') for Sheheri Vitrak, Rurban Vitrak, Gramin Vitrak and Durgam Kshetriya Vitrak. The said Unified Guidelines for Selection of LPG Distributors were made effective from June, 2017.
3.2. Clause 1 of the Brochure on Unified Selection Guidelines has provided the definitions of different terms. For the purpose of the present writ petition, Clause 1(w) is of relevance, which reads as follows :-
"1(w) 'Ownership' or 'own' for godown / showroom for Shehri Vitrak, Rurban Vitrak, Gramin Vitrak and Durgam Kshetriya Vitrak Type of Distributorship means having :
a. Ownership title of the property
Or
b. Registered lease deed having minimum 15 years of valid lease period commencing on any day from the date of advertisement up to the last date of submission of application as specified either in the advertisement or corrigendum (if any).
Additionally, applicants having registered lease deed commencing on any date prior to the date of advertisement will also be considered provided the lease is valid for a minimum period of 15 years from the date of advertisement. The applicant should have ownership as defined under the term 'own' above in the name of the applicant / member of "Family Unit" (as defined in multiple dealership / distributorship norm of eligibility criteria) / parents (nuclides Step Father / Step Mother), grandparents (both maternal and paternal), Brother / Sister (including Step Brother & Step Sister), Son / Daughter (includes Step Son / Step daughter), Son-in-law / Daughter-in-law; of the applicant or the spouse (in case of married daughter) as on the last date for submission of application as specified in the advertisement or corrigendum (if any). In case of ownership / co-ownership by family member(s) as given above, consent in the form of a declaration from the family member(s) will be required.
In case the share of land in the jointly owned property by the applicant / member of 'Family Unit' (as d
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....
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.
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 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....
The court established that compliance with specific eligibility criteria, including land ownership and dimensions, is essential for the approval of LPG distributorship applications, and that subseque....
Point of Law : Article 14 of the Constitution of India envisages only positive equality and it does not embrace any concept of negative equality.
'Family Unit' in case of married person / applicant, shall consist of individual concerned, his/her Spouse and their unmarried son(s) / daughter(s). In case of unmarried person/ applicant, 'Family Un....
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