The issuance of a final letter of intent is necessary for a legitimate expectation to arise in the allotment of LPG Distributorship, and errors in the advertisement notice can justify the cancellation of the selection.

JUDGMENT :

1. Petitioner has thrown challenge to the communication dated 20.02.2018 issued by respondent Corporation, in terms whereof the petitioner’s allotment of LPG Distributorship of BPC at Lalpora District Kupwara has been cancelled.

2. The facts which emerge from the pleadings of the parties are that respondent Corporation issued an advertisement notice inviting applications for allotment of LPG Distributorship for various locations in Jammu and Kashmir which included the location at Lalpora District Kupwara. The advertisement notice was published in the newspaper Daily Excelsior dated 14th of August, 2017. Petitioner responded to the said advertisement notice for allotment of distributorship of Lalpora area of District Kupwara and after fulfilling all the requirements and depositing the application fee of Rs.8000/-, the respondent Corporation vide its letter dated 08.11.2017, informed the petitioner that she has qualified to be included for selection of distributorship to be held through draw of lots. She was asked to be present in the office of Deputy Commissioner, Srinagar, on 15.11.2017 for draw of lots. The respondents carried out the draw of lots and on 16.11.2017, petitioner was informed by respondent Corporation about her selection and she was asked to deposit an amount of Rs.40,000/- as confirmation fee and to file original documents like ID Proof, date of birth proof, proof of educational qualification, land documents, lease deed and other documents. The petitioner is stated to have complied with all the requirements including deposition of requisite fee.

3. It is the further case of the petitioner that Field Verification was conducted by the officials of respondent Corporation and the petitioner was directed to keep funds available for future course of action. However, to the utter surprise of the petitioner, the impugned letter came to be issued by respondents whereby she was informed that due to wrong advertising of Block and Gram Panchayat in the advertisement notice, her selection has been cancelled.

4. Petitioner has challenged the cancellation of her selection for LPG Distributorship of BPC at Lalpora District Kupwara on the grounds that the impugned communication has been issued without any reason and justification; that the action of respondents is actuated with malafides, inasmuch as they wanted to accommodate some other blue eyed person; that due to the representation of the respondents, the petitioner was made to raise loans by selling her ancestral property and she had to change her position to her detriment; that the petitioner had to make huge investment on the basis of the promise and assurance extended to her by the respondents and that the respondents cannot be allowed to take undue advantage of their dominant position and exploit the petitioner.

5. The respondents have filed their reply to the writ petition wherein they have, more or less, admitted the factual assertions made by the petitioner so far as the same pertain to issuance of advertisement notice, fulfilling of requirements by the petitioner and her eventual success in draw of lots, in consequence whereof she was, in terms of communication dated 16.11.2017, informed that she has been declared successful in draw of lots for selection to LPG Distributorship at Lalpora District Kupwara. The reason given by the respondents for not finalizing the process of allotment of LPG Distributorship in favour of the petitioner is that in the advertisement notice a mistake had crept in whereby applications were invited for appointment of LPG Distributorship for various locations. According to respondents, the name of Gram Panchayat and Block in respect of location Lalpora was mentioned as Wavoora whereas the fact of the matter is that the location Lalpora falls in Gram Panchayat Lalpora Block Lalpora. According to respondents, because incorrect particulars of the location Lalpora were published in the notice inviting applications, as such, it was decide