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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Rimpi Bora W/o. Abhijit Hazarika – Appellant
Versus
Bharat Petroleum Corporation Ltd – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. T. J. Mahanta, the learned Senior counsel assisted by Mr. P. P. Dutta, the learned counsel appearing on behalf of the Petitioner and Mr. S. Borthakur, the learned counsel appearing on behalf of the Respondent Nos. 1, 2 and 3. I have also heard Mr. I. Borthakur, the learned Standing counsel appearing on behalf of the Forest Department of the Government of Assam and Mr. S. Dutta, the learned Standing counsel appearing on behalf of the Revenue Department of the Government of Assam.
2. The issue involved in the instant writ petition is regarding a challenge to the rejection of the application submitted by the Petitioner for award of LPG distributorship at Kekuri Borchapori GP: Tengani; Block: Golaghat South, Category: OBC, Type of Distributorship: Gramin Vitrak, Market Plan 18-19 vide the communication dated 13.11.2018.
3. From a perusal of the materials on record, it is seen that a Notice Inviting Tender was issued on behalf of Bharat Petroleum Ltd. (BPCL), Indian Oil Corporation Ltd. (IOCL) and Hindustan Petroleum Corporation Ltd. (HPCL) in the Assamese Daily Newspaper ‘Asomiya Pratidin’ in its issue dated 25.05
Documents submitted for LPG distributorship must meet ownership requirements as defined in the Brochure; notarized lease deeds do not suffice under the Registration Act.
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.
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....
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 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....
'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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