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VIVEK KUMAR BIRLA, SYED QAMAR HASAN RIZVI
Aditya Vikram Yadav – Appellant
Versus
Union Of India – Respondent
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-Maharaj
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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