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SHREE CHANDRASHEKHAR, KULDEEP MATHUR
Abhishek Agrawal S/o Shri Suresh Agrawal – Appellant
Versus
Bharat Petroleum Corporation Limited – Respondent
ORDER :
Shree Chandrashekhar, J.
Aggrieved by the order dated 22nd March 2024 passed in S.B. Civil Writ Petition No.2932 of 2024, the writ petitioner has filed this Special Appeal under Rule 134 of the Rajasthan High Court Rules read with Article 225 of the Constitution of India.
2. Before the writ Court, a challenge was laid by the appellant to the notice dated 28th December 2023 requiring the appellant to provide registered Power of Attorney on or before 24th May 2023 and the order dated 06th February 2024 by which the appellant was intimated that the lease deed registered after the cut-off date, that is, after 24th May 2023 was not valid as per the guidelines for Selection of the LPG distributorship. Further prayers for a direction to the Bharat Petroleum Corporation Limited, (in short, ‘BPCL’) to accept his application for award of LPG distributorship and for issuing a Letter of Intent (in short, ‘LOI’) in his favour were also made by him. The respondent-BPCL took a stand that in terms of the ‘Manual for Selection of LPG Distributorship’ the land document was required to be registered on or before the last date for submission of the application. This was also an objection raised b
The requirement for registration of a lease deed by a specified cut-off date is a critical eligibility criterion for LPG distributorship applications, and the execution date alone does not suffice to....
The court established that while power of attorney registration is not mandatory, compliance with eligibility criteria regarding lease deed registration is essential for distributorship.
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....
Documents submitted for LPG distributorship must meet ownership requirements as defined in the Brochure; notarized lease deeds do not suffice under the Registration Act.
The applicant must fulfill the eligibility criteria at the time of application, and decisions regarding forfeiture must be justified and not arbitrary.
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.
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