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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S.SANDHAWALIA, CJ., JIYA LAL BHARDWAJ
Kanta Kumari alias Kanta Thakur – Appellant
Versus
Jyoti Thakur – Respondent
| Table of Content |
|---|
| 1. lpg distributorship requires suitable owned plot with access. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. single judge holds khasra 994 suitable for godown. (Para 9 , 10) |
| 3. parties dispute road access to khasra 994. (Para 11 , 12 , 13) |
| 4. commission finds only light vehicles access plot. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 5. no judicial interference in corporation's suitability decision. (Para 20 , 21 , 22 , 23) |
| 6. appeal allowed; allot agency to appellant. (Para 24 , 25 , 26) |
JUDGMENT :
JIYA LAL BHARDWAJ, J.
The appellant has filed the present appeal against judgment dated 07.10.2016, passed by the learned Single Judge in CWP No. 9773 of 2011, titled Jyoti Thakur vs. Indian Oil Corporation Ltd. & Ors., vide which the writ petition preferred by the writ petitioner/ respondent No. 1 herein (for short “writ petitioner”), hereinafter referred as writ petitioner has been allowed; and order dated 28.10.2011 (Annexure P-5), passed by respondent No.2- Corporation(Indian Oil Corporation Ltd.), hereinafter referred as Corporation, was quashed and set aside and the Corporation was directed to consider the case of the writ petitioner, for allotment of Rajiv Gandhi Gramin LPG Vitrak at
Corporation's rejection of LPG distributorship candidature upheld where field verification and commission report show plot accessible only by light vehicles, not heavy transport required for cylinder....
Judicial review is justified when administrative decisions lack transparency and fairness in adherence to established procedural guidelines.
'Family Unit' in case of married person / applicant, shall consist of individual concerned, his/her Spouse and their unmarried son(s) / daughter(s). In case of unmarried person/ applicant, 'Family Un....
The court established that compliance with specific eligibility criteria, including land ownership and dimensions, is essential for the approval of LPG distributorship applications, and that subseque....
Eligibility criteria for distributorship must be met by the application deadline; courts cannot relax these conditions post-factum.
Selection process for LPG distributorship must comply with established guidelines; mere allegations without supporting evidence do not invalidate the selection.
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