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2019 Supreme(Raj) 48
IN THE HIGH COURT OF RAJASTHAN
SANDEEP MEHTA, J.
CHAMPA W/O PRAVEEN JANDU - Appellant
Vs.
UNION OF INDIA THROUGH SECRETARY, MINISTRY OF PETROLEUM AND NATURAL GAS MOPNG - Respondent
Civil Writ No. 4734 of 2018
Decided On : 04-01-2019
Kan Singh Oad, Adv., Sandeep Shah, Adv., Akshiti Singhvi, Adv.
The land owned by the grandparents of the spouse of the applicant can be considered as fulfilling the requirement of the dealership guidelines as being land owned by the Family Members.
Headnote:
LPG DISTRIBUTORSHIP - SELECTION PROCESS - ELIGIBILITY CRITERIA - OWN LAND - INTERPRETATION - FAMILY MEMBERS - SPOUSE'S GRANDPARENTS' LAND - ACCEPTABILITY - GUIDELINES.
Fact of the Case:
Petitioner applied for LPG distributorship, was selected in the draw of lots, and was asked to deposit the requisite fee. However, a fresh notification was published for the same location, and the petitioner's candidature was rejected due to her inability to provide an alternative land for the showroom. The petitioner challenged the rejection and the fresh notification.
Finding of the Court:
The court held that the petitioner could offer the land owned by her husband's grandparents (maternal/paternal) for setting up of the dealership godown and showroom, as per the guidelines. The action of the respondents in including the location for fresh draw of lots was quashed.
Issues: 1. Whether the petitioner could offer the land owned by her husband's grandparents for setting up of the dealership godown and showroom? 2. Whether the action of the respondents in including the location for fresh draw of lots was justified?
Ratio Decidendi: 1. The court interpreted the definition of 'family members' and 'own land' in the dealership guidelines and held that the land owned by the grandparents of the spouse of the applicant can be considered as fulfilling the requirement of the dealership guidelines as being land owned by the Family Members. 2. The court held that the petitioner was entitled to offer the land owned by her husband's grandparents (maternal/paternal) for setting up of the dealership godown and showroom, and the action of the respondents in including the location for fresh draw of lots was not justified.
Final Decision: The writ petition was allowed, the fresh notification was quashed, and the respondents were directed to give an opportunity to the petitioner to offer land of her maternal grandmother in law located in Jodhiyasi for setting up of the dealership.
Sandeep Mehta, J.
By way of this writ petition under Article 226 of the Constitution of India, the petitioner has approached this Court with the following prayers:
1. By an appropriate writ, order or direction the notification (Annex.6) may kindly be declared illegal to the extent of LPG distributionship for Jodhiyasi at Sr. No.18.
2. By an appropriate writ, order or direction, the respondents may kindly be directed to allot the LPG distribution for Jodhiyasi, District- Nagaur to the petitioner."
Facts in brief:
2. The petitioner applied for allotment of Rural LPG Distributorship at the location Jodhiyasi, District Nagaur in furtherance of an advertisement issued by the respondent IOCL. Having been found suitable on all aspects, the petitioner was invited to participate in the draw of lots conducted on 29.11.2017. She was selected in the draw and was advised to deposit the requisite fee of Rs.40,000/- with the authorised officer vide letter/communication dated 30.11.2017. The petitioner further claims that the officials of the respondent Corporation carried out the field verification credentials and verified the location offered by the petitioner for godown/showroom. Despite fulfilling all eligibility criterion/requirements of the Rural LPG Distributorship, the petitioner who was eagerly awaiting the Letter of Intent, was shocked to see a fresh notification published in the Dainik Bhaskar newspaper on 1.4.2018 for online draw of lots for the distributorship of Jodhiyasi. The petitioner claims that the respondents could not have readvertised the location Jodhiyasi for draw of lots in view of the fact that she had been declared successful for the same in the selection process. Thereupon, the instant writ petition came to be filed by the petitioner seeking to assail the fresh notification (Annex.6) whereunder, the lottery for the various Rural LPG Distributorships including the location Jodhiyasi was proposed to be held by all the four Oil Companies. The petitioner also seeks a direction to the respondents to allot her the Rural LPG Distributorship for the location Jodhiyasi.
3. While entertaining the writ petition, this Court passed an interim order in favour of the petitioner on 4.4.2018 restraining the respondents from undertaking the fresh draw of lots for the location Jodhiyasi.
4. Shri Sandeep Shah Advocate put in appearance on behalf of the respondent Corporation and has filed a detailed reply to the writ petition. Alongwith the reply, copy of the letter dated 27.3.2018 has been annexed whereby, the respondents allegedly communicated the petitioner with rejection of her candidature in the following terms:
"Please refer your application No. IOC IOC01311057622092017 and our ref. No nil dtd. 30.11.2017 for award of above-mentioned LPG Distributorship.
We regret to inform you that upon field verification of the information submitted by you in your application mentioned above, the following variance was observed.
1. You have offered land for show room at village : Teetari which is not the advertised location. We had advised you to offer alternate land for Showroom, however vide your letter ref. nil dtd. 29.01.2018 you have confirmed that you don't have any alternate land for Showroom.
The eligibility criteria for showroom as per clause no. 8(n) of Brochure for Unified Guidelines for Selection of LPG Distributors Show Room land are as below:
"The applicant should 'Own' a suitable shop for Showroom of minimum size 3 metre by 4.5 metre in outer dimension or a plot of land for construction of showroom of minimum size 3 metre by 4.5 metre as on the last date for submission of application as specified either in the advertisement or corrigendum (if any) at the advertised location i.e. within the municipal/town/village limits of the place which is mentioned under the column of 'location' in the advertisement".
In view of the above, your candidature is rejected and the amount of Rs.40,000/- deposited with the Corporation stands forfeited in
