Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
Seema Devi – Appellant
Versus
Union of India – Respondent
JUDGMENT :
(Ajay Mohan Goel, J.)
By way of this Writ Petition, the petitioner has, inter alia, prayed for the following reliefs:-
“i) That writ of mandamus may kindly be issued, directing the respondents No.1 to 3 not to issue the Letter of Appointment (LOA) in favour of Respondent No.4 Shri Nand Lal for running the Retail Outlet dealership at Baroha Block, Tehsil Jhandutta, District Bilaspur, H.P.
ii) That writ of mandamus may kindly be issued, directing the respondent No.4 to stop the construction work for installation of the Retail Outlet dealership at Baroha Block, Tehsil Jhandutta, District Bilaspur, H.P.”
2. Brief facts necessary for the adjudication of the present petition are that process was initiated by respondent No.2 for allotment of Retail Outlet dealership, in the year 2018, vide Advertisement, dated 25.11.2018, in different stations in the State of Himachal Pradesh. It also included Baroha Block in Tehsil Jhandutta, District Bilaspur, H.P. To cut the controversy short, both the petitioner as well as the private respondent applied for grant of said Retail Outlet dealership and Baroha, which was advertised under OBC Category. The Petrol Pump was allotted to respondent No.4
Pension is not considered an emolument or perk, thus does not disqualify a retired government servant from obtaining a dealership.
Misrepresentation in application for dealership leads to cancellation of allotment, emphasizing the importance of full disclosure in public sector dealings.
The court's role in a writ petition is to ensure that the material does not suffer any illegality on the face of it and to consider the findings of the 1st respondent backed by proper reasons.
The court affirmed that eligibility for retail dealership under the guidelines excludes candidates with ongoing legislative roles, emphasizing public interest and operational integrity.
The court upheld the rejection of the representation based on the well-reasoned and speaking order provided by the respondents, considering various factors such as RBI Guidelines, Selection Guideline....
The court ruled that a nominated member's status does not constitute employment, allowing Indian Oil Corporation Limited to require resignation for dealership eligibility, emphasizing fair distributi....
Point of Law : Applications for selection of regular LPG distributorships were invited in April, 2011 by BPCL. One of the eligibility criteria was that the applicant should own a plot of land of adeq....
The criteria for distributorship under the Rajiv Gandhi Gramin LPG Scheme are mandatory, and the rejection of the writ petitioner's application was not arbitrary.
The court established that timely action is crucial in seeking judicial relief under Article 226 of the Constitution, and failure to comply with eligibility requirements can lead to the dismissal of ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
