Vijay Bishnoi, J.

This writ petition is filed by the petitioner being aggrieved with the letter dated 22.11.2011 passed by Hindustan Petroleum Corporation Limited (for short 'the HPCL' hereinafter), whereby it has cancelled the candidature and empanelment of the petitioner for LPG Distributorship at location Balesar Satta, Jodhpur and withdrawal of letter of intent dated 05.05.2011.

2. The facts, which are not in dispute, are that the respondent - HPCL issued advertisements for award of LPG Distributorship at various locations including Balesar Satta under Rajeev Gandhi Gramin LPG Vitrak Scheme. The petitioner applied for location of village Balesar Satta, District Jodhpur. On 04.03.2011, the petitioner was declared successful for awarding LPG Distributorship for the above mentioned location. On 13.04.2011, the HPCL informed the petitioner that a complaint has been received from one Smt. Santosh Chhangani alleging that the land offered by him for godown/showroom falling in Khasra No. 2170 is not a part of village Balesar Satta but is a part of village Shaheed Pehep Singh Nagar. In the show cause notice issued to the petitioner, it is mentioned that the HPCL sought clarification from Sub-Tehsildar and as per the said clarification, village Shaheed Pehep Singh Nagar is declared as new revenue village vide notification dated 24.09.2008 and the land offered by the petitioner for godown/showroom is falling in that village and not in village Balesar Satta.

3. The petitioner submitted reply to the show cause notice claiming that Khasra No. 2170 is a part of Balesar Satta and in support of it, he submitted relevant Jamabandi. Upon receiving the reply from the petitioner, the HPCL issued letter of intent in favour of the petitioner on 05.05.2011. The process of change of land use proposed for godown/showroom was completed and a no objection certificate has also been issued by the Gram Panchayat, Balesar Satta.

4. It is also not in dispute that the petitioner has constructed a godown and showroom on the location offered by him and Chief Controller of Explosives, Government of India has also issued necessary licence in his favour for storage of 5000 Kgs. of LPG in cylinders on 10.08.2011.

5. On 07.09.2011, the respondent - HPCL again issued a show cause notice to the petitioner claiming that the land of Khasra No. 2170 offered by him is not situated in village Balesar Satta and is situated in village Sahheed Pehep Singh Nagar and, therefore, it is explicitly clear that site offered by the petitioner is pertaining to another village and not of the advertised location and as such the petitioner is not having essential requirement for appointment as RGGLV Dealer.

6. The petitioner submitted reply to the show cause notice on 16.09.2011 and also appeared before the competent authority of the respondent - HPCL for personal hearing. However, the respondent - HPCL passed the impugned order and cancelled the candidature and empanelment of the petitioner as LPG Distributor for location Balesar Satta and also withdrew the letter of intent dated 05.05.2011. Hence, this petition.

7. Reply to the writ petition has been filed on behalf of the respondent - HPCL, wherein it is stated that as per the information received from Nayab Tehsildar, Balesar, Khasra No. 2170 is falling in the new revenue village Shaheed Pehep Singh Nagar, which was notified on 23.03.2008 and as such the land offered by the petitioner for godown/showroom is not falling in the advertised location i.e. Balesar Satta and, therefore, there is no illegality in issuance of the impugned order.

8. Learned counsels for the parties have advanced their arguments as per the pleadings raised in the writ petition, reply and the rejoinder.

9. Heard learned counsel for the rival parties and perused the material available on record.

10. It is not in dispute that as per the existing revenue record, on 21.11.2011, the land of Khasra No. 2170 was falling in village Balesar Satta, though notification