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SAMEER JAIN
Chitranshi Goyal – Appellant
Versus
Indian Oil Corporation Ltd. through Head of Divisional Office – Respondent
JUDGMENT
Sameer Jain, J.—By way of present writ petition, petitioner has challenged action of the respondent-Indian Oil Corporation Limited (for short, ‘IOCL’) in conducting selection for retail outlet dealership and allotment of petrol pump at location within Khasra No.76, Nahargatti 31/1, Dug, District Jhalawar on account of violation of her fundamental rights enshrined under Article 14, 19 and 21 of the Constitution of India making following prayers:-
“i. Issue an appropriate writ, order or directions in the nature thereof thereby to quash and set side the letter/mail dated 13 march 2019 in declining the candidature of the petitioner in Group 1 category (land) is illegal and bad in the eye of law.
ii. Issue an appropriate writ, order or directions thereby declaring the petitioner is entitled for and to be considered in Group 1 category (land) in pursuance to the advertisement Annexure-1.
iii. Issue such other writ, order or directions as may be deemed just and proper by this Hon’ble Court in facts & circumstances of case and in favour of humble petitioner.
iv. By an appropriate writ, order or directions, award cost of writ petition in favour of humble petitioner.
Any other
Agreement to sell—Registration shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from time of its registration.
A notarized lease deed is legally ineffective; eligibility for a dealership requires a registered deed on the application date, according to statutory guidelines.
Eligibility for dealership required a valid registered lease deed by application date; unregistered or notarized documents are legally insufficient.
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.
The registering officer has no authority to withhold a registered document after the completion of the registration process, and any refusal must be based on clear legal grounds.
A petitioner must comply with statutory requirements for document registration, and failure to provide evidence of proper presentation can lead to dismissal of the writ petition.
The central legal point established in the judgment is that unregistered and insufficiently stamped documents, even if not covered by specific consequences of non-registration, are inadmissible in ev....
The requirement for a registered lease deed by a specific cut-off date is mandatory for eligibility in the LPG distributorship application process, and the execution date of the lease deed does not o....
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