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2021 Supreme(Jhk) 416

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Neha Kumari – Petitioner
Versus
Indian Oil Company through its Managing Director, Mumbai – Respondent
W.P. (C) No. 1083 of 2020
Decided On : 28-09-2021

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Mrinal Kanti Roy.
For the Respondent: Mr. Rahul Lamba.

Headnote:

Applications - Grant of retail - Advertisement - Respondents issued advertisement dated inviting applications for grant of retail outlet at Gawan-Satgawan Road, Block-Gawan, District-Giridih under Open Category - In pursuance of said advertisement, petitioner made an application for grant of retail outlet dealership and she was finally declared successful in draw of lots held for selection of retail outlet dealership for the said location, subject to compliance of terms and conditions of respondent-Corporation in this regard - Result of said draw of lots was intimated to petitioner by respondent no. 2 vide its letter dated - Petitioner did not deposit amount of initial security as well as specified documents within the prescribed time limit – Held, petitioner had already stated in application that land offered by her was owned by her family member as defined in Clause 4(v)(e) of Brochure which was subsequently found false by IOCL, she cannot claim her right to be awarded said retail outlet dealership merely on ground of submitting security amount - Petitioner is also not permitted to claim that she had no knowledge of the definition of the family members as there was already a reference of Clause 4(v)(e) of Brochure in her application - Court do not find any reason to set aside impugned letter dated issued by head of Divisional Office - Writ petition is accordingly dismissed.

ORDER :

1. The present writ petition is taken up today through Video conferencing.

The present writ petition has been filed for setting aside the letter bearing Ref. No. 15453769031850 dated 01.10.2019 issued by the head of Divisional Office, Dhanbad, Indian Oil Corporation Ltd., whereby the candidature of the petitioner for allotment of retail outlet dealership at within 1.0 Km from +2 High School towards Satgawan on LHS on Gawan-Satgawan Road, Block-Gawan, District-Giridih under Open Category has not been found eligible for consideration on the ground of invalid land documents stating the reason that as per land documents & family tree, the land does not fall under Group-1. Further prayer has been made for issuance of direction upon the respondents to consider the petitioner’s claim for grant of dealership for the said location in her favour.

2. The factual background of the case as stated in the writ petition is that the respondents issued advertisement dated 25.11.2018 inviting applications for grant of retail outlet at Gawan-Satgawan Road, Block-Gawan, District-Giridih under Open Category. In pursuance of the said advertisement, the petitioner made an application for grant of retail outlet dealership and she was finally declared successful in draw of lots held on 27.06.2019 for selection of retail outlet dealership for the said location, subject to compliance of terms and conditions of the respondent-Corporation in this regard. The result of said draw of lots was intimated to the petitioner by the respondent no. 2 vide its letter dated 30.06.2019. Subsequently, another letter dated 30.06.2019 was issued to the petitioner by the respondent no. 2, wherein she was requested to remit an amount of Rs. 40,000/- online as initial security deposit and submit the set of documents as specified in the said letter within 10 days. Since the petitioner did not deposit the amount of initial security as well as specified documents within the prescribed time limit, she received another letter dated 10.07.2019 requesting her to remit the said amount online and to submit the specified documents within 10 days, failing which her candidature was liable to be rejected without any further notice. In pursuance of the said direction, the petitioner remitted an amount of Rs. 40,000/- in favour of the IOCL through State Bank of India. The petitioner also submitted the documents along with the said amount as required by the said letter and in support of land documents, she submitted an affidavit giving the family tree which would show that the land offered by the petitioner belongs to her husband. Though the petitioner had furnished all the documents required by the respondent-Corporation, she was issued impugned letter dated 01.10.2019 intimating that her candidature for award of retail outlet dealership was found ineligible due to the reason that her offered land did not fall under Group-1 category as per the land documents and the family tree submitted by her.

3. The learned counsel for the petitioner submits that according to the Guidelines as contained in “Brochure On Selection of Dealers For Regular and Rural Retail Outlets Through Draw of Lots/Bidding Process” dated 24.11.2018 (hereinafter referred to as “the Brochure”) issued by the Ministry of Petroleum and Natural Gas, Government of India, an offered land is categorized into three categories i.e. Group 1, 2 and 3. The respondents, however, wrongly considered the candidature of the petitioner for selection along with Group-3 applicants. Since the petitioner had offered the land belonging to her husband and his family, there was no reason that the land offered by her could be treated as not falling under Group-1 category. It is also submitted that the impugned letter is cryptic in nature as no specific reason has been assigned in the same as to why the land offered by the petitioner has been held as not falling under Group-1 category. Group-3 refers to those candidates who have not offered land

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