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IN THE HIGH COURT OF ALLAHABAD
SHEKHAR B. SARAF, VIPIN CHANDRA DIXIT
Deepak Kumar Verma – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
1. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the impugned order dated 28.12.2024 passed by respondent no. 3 by which candidature of the petitioner for retail outlet dealership was cancelled.
2. Heard Sri Awadhesh Kumar Malviya, learned counsel for petitioner, Sri Gaurav Kumar Chand, learned counsel for respondent no. 1, Sri Devi Shanker Shukla, learned counsel for respondent nos. 2 & 3 and perused the record.
3. It is submitted by learned counsel for the petitioner that the petitioner had applied for retail outlet dealership in pursuance of advertisement dated 28.06.2023. The petitioner has fulfilled all the requirement as per the advertisement, but his candidature has been rejected by the respondent authority merely on the ground that lease deed was not executed by all the co-owners. The lease deed dated 23.09.2023 executed by Raj Narayan and legal heirs of late Lal Bahadur Singh in favour of petitioner for 35 x 35 meter land (total area 1225 sq. meter) from Arazi No. 485 & 488 which fulfills land requirement.
4. We have gone through the impugned order dated 28.12.2024. The respondent authority had
A valid lease for property must be executed by all co-owners, particularly when the property is under dispute and partition has not been completed.
Eligibility for dealership depends on submitting all co-owners' lease deeds as per Brochure Clause; a preliminary decree is insufficient without a final decree.
Ownership of land requires all co-owners to execute a lease deed; consent letters cannot suffice for eligibility.
Compliance with lease deed requirements in dealer selection guidelines is mandatory, rendering any submission lacking full execution invalid.
The court upheld the cancellation of the petitioner's LOI due to failure to meet ownership requirements as per tender rules, emphasizing fairness in the selection process.
'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 Un....
Ownership documentation and eligibility criteria must be fulfilled at the time of application submission for distributorship; prior acceptance does not negate subsequent verification of ownership.
L.P.G. Distributorship can be allotted where land satisfied all requirements as per advertisement.
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