Hon'ble Irshad Ali,J.
Heard Sri Hemant Kumar Mishra, learned counsel for the petitioner, Sri Alok Kumar, learned counsel for the respondent no.1 and Sri M.A.Khan, learned Counsel for the respondent nos. 2 and 3.
By means of the instant petition under Article 226 of the Constitution of India, the petitioner is praying for quashment of the order dated 10.09.2019 passed by the respondent no.3 as well as for issuance of a writ of mandamus directing the respondents to implement the order dated 09.07.2019 and issue the Letter of Intention to the petitioner to establish retail outlet dealership (Petrol Pump) for the location within Gaddopur town area limit on Gosaiganj Amsin Marg, District Faizabad.
The Oil Marketing Company Bharat Petroleum Company Ltd. published an advertisement on 25.11.2018 for dealership of retail outlet of Petrol Pump, Kisan Sewa Kendra. etc. at various places including the location within Gaddopur town area limit on Gosaiganj Amsin Marg, District Faizabad fixing the last date for submission of application form was 23.12.2018 in which, the petitioner also applies for the same under Group-1 category but his application for allotment of retail outlet dealership (Petrol Pump) under Group-1 category has been rejected by the respondent no.3 vide order impugned dated 10.09.2019 on the ground, that the lease deed of the land was executed and registered on 15.07.2019 whereas the last date for submission of application was 23.12.2018.
Clause 4 (v) (a) of the brochure specifically provides that the land should be available with the applicant as on the date of application should have minimum lease of 19 years and 11 months (as advertised by the respective oil company) from the date or after the date of advertisement but not later than the date of application. The clause 4 (v) (a) of the brochure reads as under:-
"4(v)(a) The land should be available with the applicant as on the date of application should have minimum lease of 19 years and 11 months (as advertised by the respective oil company) from the date or after the date of advertisement but not later than the date of application."
Column no. 13 which deals in respect of the land details read as under:-
"13. Land details- Group 1 (Copy of proof of ownership of land would be required to be submitted as and when advised by Bharat Petroleum Corporation Ltd).
Name(s) of the owner of land/lease holder Relationship with applicant.
Date of registration of sale deed/gift deed/registered lease deed/date of application.
Location of the land with respect to point/Land mark/ (Specify land mark/ Reference point and distance from the same) Khasra No. Khatauni/ Gut No./Survey No. Dimension of Land Frontage in meter Depth in meter Area (sq. m) PLOT NO.1 GIRIJESH KUMAR GAUTAM SELF 21.12.2018 Vill- Ankaripur Pargana Amsin Tehsil Sadar, Distt. Ayodhya.
Are you willing to transfer the land on sale/long lease to Bharat Petroleum Corporation YES If yes, at what rate (Rs.)/ terms 3000 per month.
The above piece of plot owned by me/ my family members (as defined in clause 4 (v)(e) of the Brochure) either by way of ownership/long terms lease, would be made available for a period of 19 years 11 months as advertised by the Oil Company Bharat Petroleum Corporation Ltd.
That as per the documents and report from advocate, available with me/us, my/our offer qualifies for being considered under "GROUP 1" as defined in clause 4 (v) ofthe Brochure for retail outlet dealer selection by the Oil Company Bharat Petroleum Corporation Ltd.
The said piece of land has been offered for purchase/long lease/sub-lease to the Oil Company for a period of minimum 19 years 11 months as required by the Oil Company Bharat Petroleum Corporation Ltd. and as per their terms and conditions.
Note:-In case land belongs to member of Family/Others, notarized affidavit as per Appendix-III A should be available which is to be submitted when asked by Bharat Petroleum Corporation Ltd. Each applicant should have a confirmatory letter from an advocate (Appendix-III B) giving details of current ownership, documents relied upon and the category under which the land falls (Group 1 or Group 2) before submitting the application.
Site map/Layout sketch giving dimension of the plot that will be used for the proposed Retailed Outlet of the total land offered will be required to be submitted by applicant upon intimation by Bharat Petroleum Corporation Ltd.
On due consideration of the aforesaid, the contention of learned counsel for the petitioner that Section 47 of The Registration Act 1908 will not be applicable in the present case and that the terms of allotment has to be made as per guidelines of the Oil Marketing Company, thus the petitioner failed to furnish the lease deed in between 25.11.2018 to 23.12.2018, therefore, we are of the view that the learned authority rightly came to the conclusion that the petitioner is not eligible under Group-1 category, rather eligible under Group - 3 category and has rejected his application.
With the aforesaid, the writ petition is disposed off.
[Irshad Ali,J.] [Pankaj Kumar Jaiswal,J.] Order Date :- 26.9.2019 S.Ali