K.R. Mohapatra, J. 1. This matter is taken up through hybrid mode.

2. The Petitioner in this writ petition seeks to assail the letter dated 4th September, 2014 (Annexure-7) issued by the Territorial Manager (LPG), Bharat Petroleum Corporation Ltd. (BPCL), Bhubaneswar, whereby the candidature of the Petitioner for being appointed as Distributor for RGGLV LPG for the location Baulabandha, Sananairi in the district of Khurda under Open Category, has been rejected.

// 2 // W.P.(C) No. 22998 OF 2014 Page 2 of 6 3. Mr. Mohanty, learned counsel for the Petitioner submits that due to an erroneous communication by the Tahasildar, Chilika vide his Letter No.1486 dated 11th July, 2014 (Annexure-5), the candidature of the Petitioner has been rejected. Elaborating his submission, it is submitted that pursuant to an advertisement in daily local newspaper “The Sambad” on 1st March, 2011 and corrigendum dated 23rd March, 2011 & 15th April, 2011 issued by the BPCL, the Petitioner applied for being appointed as Distributor of RGGLV LPG for location Baulabandha, Sananairi in the district of Khurda under Open Category. His application was considered favourably. Rejecting the candidature of rest of the applicants, the Petitioner came out successful in the selection process. Before issuance of Letter of Intent, the Tahasildar Chilika was consulted, who vide letter under Annexure-5 intimated that alienation of Plot No.1398 under Khata No.959 of Mouza Baulabandha was objectionable in nature as it was transferred to the Petitioner without approval of Shree Jagannath Temple Administration, Puri. The Registered Sale Deed dated 2nd April, 2011 basing upon which the Petitioner claims ownership of the land was a void one as no permission of the competent authority was taken before alienation. On the basis of said letter, letter under Annexure-7, has been issued.

4. Mr. Mohanty, learned counsel for the Petitioner further contended that the land stood recorded in the name of grandfather-in-law of the Petitioner. After his death, all his legal heirs vide Registered Sale Deed dated 2nd April, 2011 transferred // 3 // W.P.(C) No. 22998 OF 2014 Page 3 of 6 the same in the name of the Petitioner. He also refers to the R.O.R. (Annexure-2) of the said Khata and submits that the land stood recorded in the name of Padma Ch. Biswal, Gourang Biswal, Kelu Biswal and Narayan Biswal under ‘Stitiban’ Status. The Petitioner purchased the land from the legal heir of recorded tenants. There is no indication in the R.O.R. to suggest that the land belongs to Shree Jagannath Temple Administration. Mr. Mohanty, learned counsel also refers to the list of property of Shree Jagannath Temple Administration, Puri at Baulabandha (Annexure-6), which does not include Khata No.959 (the disputed land).. As such, the rejection of candidature of the Petitioner for RGGLV LPG distributorship is illegal. Hence, the letter under Annexure-7 is not sustainable and is liable to be set aside. The Petitioner should be settled with the distributorship of the RGGLV LPG of BPCL in respect of the aforesaid location.

5. Mr. Patnaik, learned counsel appearing for the BPCL-

Opposite Party No.1 vehemently objects to the same. Referring to the counter affidavit filed by Opposite Party No.1, he submits that the Petitioner, being the only selected candidate, was directed to submit records in respect of the ownership of the land over which the godown and office for storage and distribution of LPG cylinders was to be constructed. He also refers to Clause No.7.1.viii of Manual for selection of RGGLV, October, 2012, which reads as under:

“Should own a plot of land of adequate size at the advertised RGGLV location for construction of godown for storage of // 4 // W.P.(C) No. 22998 OF 2014 Page 4 of 6 5000 kg of LPG in cylinders of ready LPG cylinder storage go down of 5000 kg capacity.”

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