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KAUSHIK GOSWAMI
Mafidul Islam, S/o. Azim Uddin Ahmed – Appellant
Versus
Indian Oil Corporation Ltd. , Rep. By Its Chairman – Respondent
JUDGMENT :
1. Heard Mr. K. Gogoi, learned counsel for the petitioners. Also heard Mr. A. Zahid, learned counsel for the respondent Nos. 1 & 2 and Mr. S. Islam, learned counsel for the respondent No.3.
2. By filing this petition under Article 226 of the Constitution of India, the petitioners are seeking for setting aside and quashing of the impugned selection of respondent No.3 as Durgam Kshetriya Vitrak at Bilpar under Shyampur Gaon Panchayat as L.P.G. distributor of respondent company, Indian Oil Corporation Ltd.
3. Pursuant to an advertisement published in the Assamese daily newspaper “Axomiya Pratidin” on 12.06.2018, the respondent authorities along with Bharat Petroleum Corporation Ltd. and Hindustan Petroleum Corporation Ltd., for appointing distributors for liquid petroleum gas (LPG) cylinders in various areas with various type of market under various categories in the State, the petitioners who belonged from Shyampur Gaon Panchayat applied for the category of Durgam Kshetriya Vitrak for the place of Bilpar under Shyampur Gaon Panchayat at Dalgaon under Darrang district, submitted online application forms on 13.07.2018.
4. The respondent authorities in terms of the brochure p
The main legal point established in the judgment is the interpretation of 'residence' in the context of Clause 15(c) of the guidelines for L.P.G. distributor selection, emphasizing the requirement of....
Clause 11.4 of Guidelines stipulates that in case there are more than one eligible applicant, selection of LPG Distributorship will be done through computerized draw of lots from eligible applicants ....
The main legal point established is that the term 'resident' must be interpreted in the context of the purpose of the statute and the actual place of residence, as defined by the Supreme Court.
Residency for distributorship must adhere to precise definitions and established documentation, favoring actual residence over claims of ownership.
Selection process for LPG distributorship must comply with established guidelines; mere allegations without supporting evidence do not invalidate the selection.
Residency requirements as per the Unified Guidelines for Selection of LPG Distributorships of October 2017 must be met for LPG Distributorship appointments, and appointments can be quashed based on i....
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