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DEVASHIS BARUAH
Nurjahan Khatun W/o Late Samial Hussain – Appellant
Versus
Union of India, Represented By The Secretary, Petroleum And Natural Gas – Respondent
JUDGMENT :
The instant writ petition has been filed by the petitioner challenging the decision of the respondent No.3 contained in the letter dated 04.03.2020 whereby it was mentioned that the land documents submitted by the petitioner were not valid for considering the offered land under Group-1 and the petitioner was informed that the candidature of the petitioner would be considered for selection along with Group-3 applicants as per the guidelines. The petitioner had also by way of the instant writ petition sought for a writ of mandamus upon the respondent Nos.2 & 3 to reconsider the case of the petitioner for Group-1.
2. Before dealing with the facts of the case, this Court finds it relevant to take note of that there is a Brochure for selection of dealers for regular and rural retail outlets dated 24.11.2018. The said Brochure contains various Guidelines for selection of dealers for regular and rural retail outlets through Draw of Lots/Bidding Process.
3. In the said Guidelines, Clause 4 stipulates the eligibility criteria for individual applicant-proprietorship/partnership. Sub-Clause (v) of Clause 4 classifies three groups based on the land offered or land not offered by them i
Point of Law : Candidature of petitioner under Group-1 was rejected/found ineligible with an observation that candidature of the petitioner would be considered for selection along with Group-3 applic....
The conformity letter from an advocate plays a crucial role in determining the eligibility of the offered land and the applicant's title to it, and the rejection based solely on the conformity letter....
The court upheld the rejection of the petitioner's application for a retail outlet dealership due to failure to meet land suitability criteria as per the Brochure guidelines.
Eligibility for dealership applications must strictly adhere to stipulated guidelines regarding land ownership and lease terms.
Applicants must meet the eligibility criteria for the respective groups and submit necessary documents as per the requirement of the group applied for.
The importance of the offered land and the mode of selection by draw of lots among the categorized groups as per the brochure for selection of dealers of the respondent Corporation.
Point of Law : All certificates/documents required for meeting specific eligibility criteria should be in possession of the applicant and valid as on date of application.
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