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2017 Supreme(All) 1125

ALLAHABAD HIGH COURT
DILIP GUPTA AND PRABHAT CHANDRA TRIPATHI, JJ.
Smt. SUNITA SINGH - Petitioner
Versus
HINDUSTAN PETROLEUM CORPORATION LTD. AND OTHERS - Respondents
(Civil Misc. Writ Petition No. 58339 of 2011, decided on 17th April, 2017)

Advocates:
Counsel :
Wasim Alam and Anil Kumar Tiwari for the Petitioner; Vikas Budhwar, K. Srivastava, S.C., S.K. Mishra and Santosh Srivastava for the Respondents.

Headnote:Allotment—Distributorship—L.P.G.—General category candidate—Petitioner did not own a plot of dimensions stipulated at advertised location—‘Own’ had been defined to mean having clear ownership title of property in name of applicant/family member of ‘Family Unit’ in multiple dealership—Petitioner did not satisfy requirement of owning 20 x 24 mts. of land award of L.P.G. distributorship—No illegality in impugned order of rejection of application for allotment. [Paras 18 to 22]

       Result; Petition Dismissed.

       

JUDGMENT

By the Court.—The petitioner, who responded to an advertisement issued by the Hindustan Petroleum Corporation Limited (the Corporation) for grant of LPG Distributorship under the Rajiv Gandhi Gramin LPG Vitrak Scheme (RGGLV) at Dharampur in District Mau, has sought the quashing of the order dated 24 June 2011 by which the representation dated 16 May 2011 filed by the petitioner has been rejected. The said representation was filed by the petitioner pursuant to the judgment dated 11 May 2011 rendered in Writ-C No. 21194 of 2011 earlier filed by the petitioner.

2. The petitioner had submitted the application for grant of LPG Distributorship as a candidate belonging to the general category. The selection process was to be conducted by a Committee consisting of two officers who had to award marks based on information given in the application and the selection was to be done by draw of lots from the eligible applicants securing minimum qualifying marks. For locations reserved under SC/ST category, the minimum qualifying marks were 60%, while that for all the other categories was 80%.

3. The common eligibility criteria for all categories contained in clause 6.1 of the Brochure is as follows :

“Applicant applying for RGGLV should :

(i) be an Indian citizen;

(ii) be a resident of the town/village(s) of the advertised RGGLV location

(iii) have passed minimum Xth Standard examination or equivalent from a recognized Board;

(iv) be not less than 21 years and not more than 45 years in age as on the date of application;

(v) fulfil Multiple dealership/distributorship norm:

Multiple Dealership/Distributorship norms means that the applicant or any other member of ‘’family unit’ should not hold a dealership/distributorship/RGGLV or Letter of Intent (LOI) for a dealership/distributorship/RGGLV of a PSU Oil Company i.e. only one Retail Outlet/SKO-LDO dealership/LPG distributorship/RGGLV of PSU Oil Company will be allowed to a ‘’Family Unit’.

‘’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 Unit’ shall consist of individual concerned, his/her parents and his/her unmarried brother(s) and unmarried sister(s). In case of divorcee, ‘’Family Unit’ shall consist of individual concerned, unmarried son(s)/unmarried daughter(s) whose custody is given to him/her. In case of widow/widower, ‘’Family Unit’ shall consist of individual concerned, unmarried son(s)/unmarried daughter(s).

(vi) have minimum total amount of Rs. 2 lakhs put together from Saving accounts in Bank (as on date of application), free and unencumbered fixed deposits in Scheduled Banks, Kisan Vikas Patra, NSC, Bonds, any other investment etc. in the name of self or family members of the “Family Unit” as defined above. (In case of RGGLV locations reserved under ‘’SC/ST’ category, applicants with less than Rs. 2 lakhs are also eligible also apply). For evaluation purpose, marks will be awarded to applicants of all categories based on the amount mentioned in the application.

(vii) own a suitable land (plot) of minimum 20 meter X 24 meter in dimension at the advertised RGGLV location for construction of LPG cylinder Storage Godown.

Own means having clear ownership title of the property in the name of applicant/family member of the ‘’Family Unit’ as defined in multiple dealership/distributorship norm. In case of ownership/co-ownership by family member, consent letter from the family member will be required.

Land for construction of Godown will be considered suitable, if it is freely accessible through all weather motorable approach road (public road or private road of the applicant connecting to the public road) and should be plain, in one contiguous plot, free from live overhead power transmission or telephone lines. Pipelines/Canals/Drainage/Nallahs should not be passing through the plot;

(viii) be physically and mentally sound to be able to run















































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