IN THE HIGH COURT OF JHARKHAND AT RANCHI

L.P.A. No. 224 of 2015

Onkar Prasad son of Sri Lalu Sao, resident of Main Road, Kuru, P.O.

and P.S.-Kuru, District-Lohardaga, Jharkhand

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Petitioner/Appellant

Versus

1.

The Union of India, represented through Secretary to the Govt. of

India, Ministry of Petroleum and Natural Gas, P.O.+P.S. New Delhi, New

Delhi

2.

Indian Oil Corporation Limited (LPG) represented through its Deputy

General Manager (LPG), Marketing Division, Bihar State Office, Lok Nayak

Jai Prakash Bhawan, 5^th Floor, Dak Bangalow Chowk, P.O. +P.S.-Patna,

Bihar

3.

The Senior Area Manager, Indian Oil Corporation Limited, Marketing

Division, Eastern Region, Indane Area Office, 2^nd Floor, Puslor Plaza, Line

Tank Road, P.O.-G.P.O., P.S. Lalpur, Ranchi

...

...

Respondents

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CORAM:

HON'BLE MR. JUSTICE D.N. PATEL

HON'BLE MR. JUSTICE RATNAKER BHENGRA

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For the Appellant:

M/s Anil Kumar, Sr. Advocate

Ashutosh Kr. Singh, Adv.

Sidhant, Adv.

Chandana, Adv.

For the Respondents:

M/s V. Shivnath, Sr. Advocate

D.N. Gupta, Advocate

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16/Dated 14

^th June, 2016

Per D.N.Patel,J.

1.

This Letters Patent Appeal has been preferred against the judgment

and order dated 26^th March, 2015 delivered by the learned Single Judge in

W.P.(C) No. 7084 of 2012, whereby the petition preferred by this appellant was

dismissed and the order dated 10^th September, 2013 of termination of the

Indane distributorship Agreement dated 22^nd March, 2012 for distribution of

Liquefied Petroleum Gas was held as a valid one and hence the original

petitioner has preferred this Letters Patent Appeal.

2.

FACTUAL MATRIX

●

An advertisement was issued in the year 2010 under the 'Rajiv Gandhi

Gramin L.P.G. Vitarak Yojana' for the Indane distributorship of Liquefied

Petroleum Gas for several places in the State of Jharkhand including Kuru,

District Lohardaga for Open category. This advertisement is at Annexure 1

to the memo of this Letters Patent Appeal.

●

An application was preferred by this appellant in proper format ( Annexure 2

to the memo of this Letters Patent Appeal) in which it has been categorically

stated by this appellant that the location of the Rajiv Gandhi Gramin Liquid

Petroleum Gas Vitaran is at Kuru. It has also been stated by this appellant

-2-

in the said application that the location of the land for the LPG Godown is at

Village Rajrom, P.S. Kuru, District Lohardaga. Even survey number was

given and map was also attached. Aforesaid information was furnished in

column No. 9 of the said application at Annexure 2. Thus, neither there was

any misrepresentation by this appellant about the location of the land for the

LPG Godown nor any fraud was played by this appellant. The facts stated in

the application (Annexure 2) made by this appellant was duly verified by the

Respondent No.2- Indian Oil Corporation Limited. Format of the Field

Verification Report is at Annexure 5 to the memo of the Letters Patent

Appeal. Looking to the Clause 9 of the said format at Annexure 5, it appears

that physical verification of the land for the godown was to be done by the

officers of the Respondent No.2, Indian Oil Corporation Limited and in case

the land was not found suitable then it could have been changed by the

applicant so as to make him eligible for the distributorship. It appears that

the Indian Oil Corporation, on field verification, never found the land for the

godown unsuitable because had there been any suggestion by the Indian

Oil Corporation for any other location of the land for the godown, this

appellant would have changed the location of the Godown, but, even after

verification never such objection was raised by the Respondent No. 2-Indian

Oil Corporation Ltd.

●

Thereafter, distributorship was granted to this appellant on 22^nd March, 2012.

This appellant continued with the LPG Distributorship and later on, after

show cause dated 31^st October,