Chief Justice's Court
Case :- WRIT - C No. - 28102 of 2018 Petitioner :- Bhagya Chandra Sonkar Respondent :- Indian Oil Corporation Limited And Another Counsel for Petitioner :- Birendra Singh Counsel for Respondent :- Tarun Varma
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Mr. Birendra Singh, learned counsel for the petitioner and Mr. J.S. Pandey, learned counsel holding for Mr. Tarun Varma, learned counsel for respondent Nos. 1 and 2.
The primary prayer made in the writ petition reads thus:
"a). Issue a writ, order or direction in the nature of Certiorari quashing impugned Advertisement dated 07.07.2018 (Annexure-5) and impugned order dated 28.06.2018 (Annexure-4) passed by respondent no. 2."
By order dated 28.06.2018, petitioner's candidature has been rejected on the grounds mentioned therein. The grounds (a) and (b) mentioned in the letter dated 28.06.2018 reads thus:
"a. You have offered piece of land of dimension 26 meters x 21 meters in gata no 2728 in your application form, but during filed verification by FVC committee member, it was found that you did not have sufficient land for construction of godown as per unified guidelines. You had shown piece of land from gata no 2728 taken on lease from lessor Shri Rajkumar resident of gram Bardwara Dist Chitrakoot. During filed verification of offered land, the dimension of the offered plot was found to be 465 square meters only whereas as per the guidelines minimum requirement is to offer piece of land of dimension 21 meters x 26 meters i.e. 546 square meters.
b. Also as per clause of Unified guidelines for selection of LPG distributorship, FVC committee also asked for alternate land from you as on last date of submission of application, but you informed vide you letter dated 08.03.2018 that you don't have piece of land of dimension 21 meters x 26 meters i.e. area 546 square meters as on 15.03.2017 (last date of submission of application)."
Counsel appearing for the petitioner vehemently submitted that the concerned authority have committed a grave error in measuring the land. He submits, on the basis of the lease deed dated 13.02.2017, that he has more than 546 square meters of land in his possession. We have perused the lease deed. Admittedly, the lease deed is not a registered document. In view thereof, we have also perused the Unified Guidelines for Selection of LPG Distributorship, in particular, clause 1.23 which stipulates that the lease deed must be a registered document. Counsel for the petitioner does not dispute that the document on which the petitioner placed reliance upon is not a registered document. In the circumstances, we find no merit in the writ petition. Petition is dismissed.
Order Date :- 24.8.2018 VMA (Dilip B Bhosale, CJ) (Yashwant Varma, J)