IMPORTANT POINT
Documents submitted for LPG distributorship must meet ownership requirements as defined in the Brochure; notarized lease deeds do not suffice under the Registration Act.

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 25.05.2018 inviting tenders from eligible candidates for LPG distributorship at various locations of Assam.

4. The present writ petition pertains to the location at Serial No.47 i.e. at Kekuri Borchapori under Gaon Panchayat Tengani, Block Golaghat South in the District of Golaghat, Assam, Category OBC, Type of Distributorship GRAMIN Vitrak under BPCL for LPG distributorship. The petitioner being interested, submitted her application on 22.06.2018. A perusal of the said application enclosed as Annexure-3 to the writ petition would show that the petitioner had offered a plot of land with the dimension of 100 metre in length and 60 metre in breadth bearing Khasra No./Survey No. FRA/NO(N)/2009/9(C)/25 at village Borchapori P.O Bilgaon, Tengani Gaon Panchayat. In the said application, it was mentioned that the said document was a registered document dated 19.06.2018. Annexure-4 to the writ petition is the said document. A perusal of the said document under no circumstances can be said to constitute a registered lease deed. Rather, the document is a notarized document whereby a plot of land admeasuring 3 Kathas was leased out to the petitioner by one Shri Premadhar Doley for a period of 99 years for the purpose of submitting a tender in BPCL under Gramin Vitarak Chayan for Tengani Borchapori under Tengani Gram Panchayat.

5. It is further seen that on 19.09.2018, a communication was issued by the FVC of the Bharat Petroleum Corporation Ltd. to the petitioner stating inter alia that the application for the LPG distributorship at location at Kekuri Borchapori in the District of Golaghat had deficiency and the petitioner was asked to correct the documents in seven days. The deficiencies mentioned were (i) The Appendix-4 submitted by the land owner Mr. Premadhar Doley to be resubmitted duly notarized; (ii) Appendix-4 to be submitted by the co- owner of land Mrs. Ulpi Doley in stamp paper duly notarized; (iii) Appendix- P1B to be submitted in applicable stamp paper duly notarized; (iv) Certificate for non-Creamy Layer status to be obtained from the District Administration in original; and (v) Declaration in the form of affidavit for DOB.

6. Subsequent thereto, it is also seen that the petitioner thereupon submitted another document in the name and style of “Memorandum of Understanding” dated 19.06.2018 which was registered on 14.09.2018 executed by and between Shri Premadhar Doley and the petitioner whereby a plot of land admeasuring 3 Kathas was to be leased out to the petitioner by execution of a lease deed. The record further reveals that the petitioner was informed vide a communication dated 25.10.2018 that the document which was submitted though registered but it was registered on 14.09.2018 which is after the last date of submission of the appli