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IN THE HIGH COURT OF ALLAHABAD
VIVEK KUMAR BIRLA, SYED QAMAR HASAN RIZVI, JJ.
Aditya Vikram Yadav – Appellant
Versus
Union Of India And 2 Others – Respondent
Writ-C No. 10709 of 2024
Decided on : 14-05-2024
RETAIL OUTLET DEALERSHIP - Candidature Eligibility - Clause 4(vi)(a) of the Dealer Selection Guidelines 2023 - The court discussed the eligibility criteria for retail outlet dealership applicants as outlined in Clause 4(vi)(a) of the Dealer Selection Guidelines 2023, emphasizing that a valid lease deed must be executed by all co-owners of the land. The court interpreted this provision to mean that any application lacking such a lease is invalid, which directly influenced the decision to uphold the rejection of the petitioner's candidature.
Fact of the Case:
The petitioner applied for a retail outlet dealership for a petrol pump and was provisionally selected. However, his candidature was later canceled due to the lease not being executed by all co-owners of the land, as required by the Dealer Selection Guidelines.
Finding of the Court:
The court found that the petitioner did not meet the eligibility criteria set forth in the Dealer Selection Guidelines, specifically that the lease deed must be executed by all co-owners. The court upheld the rejection of the petitioner's application as valid and justified.
Issues: Whether the petitioner was eligible for the allotment of the retail outlet dealership given the lease deed was not executed by all co-owners of the land.
Ratio Decidendi: The court held that the requirement for a lease deed executed by all co-owners is a strict condition for eligibility under Clause 4(vi)(a) of the Dealer Selection Guidelines. The absence of such a lease rendered the application invalid, and the petitioner could not be considered for the allotment.
Final Decision: The writ petition was dismissed, affirming the rejection of the petitioner's candidature for the retail outlet dealership.
JUDGMENT :
Syed Qamar Hasan Rizvi, J.
1. Heard Sri Pawan Giri along with Sri Rishabh Srivastava, learned counsel for the petitioner; Sri Gaurav Kant Chand, learned counsel appearing for the Union of India and Sri Puneet Agarwal, learned counsel for respondent nos. 2 and 3.
2. By means of the present writ petition, the petitioner has prayed for the following reliefs:
II. Issue a writ, order, or direction in the nature of Mandamus commanding the respondent authorities to allot the Retail Outlet Dealerships Petrol Pump to the petitioner for the Territory- Deoria, District-Maharajganj, Location Description-FROM CHIUTAHA BAZAR CHURAHA UPTO 2KMS EITHER SIDE ON PARTWAL- NICHLAUL ROAD.
III. Issue a writ, order, or direction in the nature of Mandamus restraining the respondent no.3 from issuing fresh notification for conducting fresh draw of lots for the allotment of the Retail Outlet Dealerships Petrol Pump for the Territory-Deoria District-Maharajganj, Location Description-FROM CHIUTA?? BAZAR UPTO CHURAHA BAZAR UPTO CHURAHA 2KMS EITHER SIDE ON PARTWAL-NICHLAUL ROAD, with regard to the Appointment of Retail Outlet Dealerships in the State of Uttar Pradesh by Bharat Petroleum Corporation Ltd. (BPCL).
IV. Issue any other writ, order, or direction, which this Hon'ble Court may deem just and proper in the facts and circumstances of the case; and
V. To award the cost of the Writ Petition in favour of the Petitioner.”
3. Brief facts of the case that are relevant for the adjudication of the instant writ petition are that Bharat Petroleum Corporation Ltd (hereinafter referred to as BPCL) / respondent no. 2 issued an advertisement dated 28.06.2023 inviting applications for the appointment/award of Retail Outlet Dealership Petrol Pump for the Deoria, District Maharajganj, from Chiutah Bazar, Churaha upto 2 kms, either ? Bazar, Churaha upto 2 kms, either?Location Description side on Partwal-Nichlaul Road. The petitioner applied for the award of the said retail outlet dealership and received a confirmation of the same from BPCL / respondent no. 2 via E-mail dated 25.11.2023. The date for the draw of lots was fixed as 07.12.2023, in which, the petitioner participated. On the same day, the petitioner was informed via E-mail that he has been declared as provisionally selected for the award of Retail Outlet Dealership Petrol Pump. The petitioner was required to pay a sum of 30,000/- Rs.30,000/- towards initial security deposit and to submit the set of documents as specified in the email for processing of his application for the aforesaid award of retail outlet dealership. Accordingly, the petitioner, made the aforementioned payment of 30,000/- and submitted the requisite Rs.30,000/- documents.
4. Thereafter, the petitioner received another E-mail from BPCL- respondent no.2 to upload Khasra/Khatuani or any other equivalent document confirming the status of his ownership of the ‘land’ as on the date of application in respect of which the petitioner intends to open the Retail Outlet Dealership Petrol Pump, as on the date of application. However, on 17.12.2024, the petitioner received an E-mail from BPCL / respondent no. 3 through which he was informed that the documents uploaded by him were found ‘NOT OK’ as the lease of the ‘land’ is executed by only one of the co-owners of Khasra No. 110 which is not in consonance with the Clause 4 (vi) (a) of the ‘De
Compliance with lease deed requirements in dealer selection guidelines is mandatory, rendering any submission lacking full execution invalid.
Eligibility for dealership required a valid registered lease deed by application date; unregistered or notarized documents are legally insufficient.
A notarized lease deed is legally ineffective; eligibility for a dealership requires a registered deed on the application date, according to statutory guidelines.
An applicant for a dealership must satisfy eligibility criteria by holding a registered lease at the time of application; unregistered lease deeds are legally ineffective.
Eligibility for dealership depends on submitting all co-owners' lease deeds as per Brochure Clause; a preliminary decree is insufficient without a final decree.
Procedural errors in document uploads, such as submitting an incorrect page of a lease deed, are curable defects. When original documents satisfy substantive eligibility criteria, authorities must ac....
Ownership of land requires all co-owners to execute a lease deed; consent letters cannot suffice for eligibility.
Adherence to specified eligibility criteria, particularly the requirement of a registered lease deed for the plot of land offered for LPG distributorship, is crucial for consideration of candidature.
The applicant must fulfill the eligibility criteria at the time of application, and decisions regarding forfeiture must be justified and not arbitrary.
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