IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32250 of 2014 Between:
Kyatham Ranjith, S/o. Kyatham Nagesh, Age: 25 years, Occ: Business, R/o. Ramalachakkapet Village, Revenue Mandal, Metpally, Karimnagar District.
.. Petitioner AND Hindustan Petroleum Corporation Limited, Rep. by its Chief Regional Manager, Having its Regional Office, HCL Post Office, Post Bag No.2, Cherlapally, Hyderabad – 51.
.. Respondent The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32250 of 2014 ORDER:
An advertisement was issued on 15.09.2013 calling for enlistment as distributor for Liquefied Petroleum Gas in various places in Karimnagar District including Metpally Town. The last date for submission of applications is on 17.10.2013. One of the requirements is possession of land for the purpose of establishment of godown for storage of LPG cylinders and for establishing an office. Specifications are provided in the guidelines of the extent of land that is required. Land can be owned by the applicant or can obtain lease from the land owner. As per the guidelines, the lease should be valid for a period of 15 years from the last date of submission of applications. The petitioner also applied for awarding of dealership in Metpally. Along with the application, the petitioner has enclosed Lease Deed in support of his claim on availability of land as required. The Lease Deed covenants describe that the lease commences on 07.10.2013 and is valid till 06.10.1028. The lease was registered on 24.10.2013.
2. On scrutiny of the applications, by letter, dated 15.10.2014, the petitioner was informed that as the Lease Deed submitted by him for establishment of godown is for less than 15 years as required and the application cannot be processed further. Assailing the same, this writ petition is instituted.
3. The facts are not in dispute. However, learned counsel for the petitioner submits that though the Lease Deed covenants state that the lease commences from 07.10.2013, the lease was actually registered on 24.10.2013 and, therefore, it cannot be said that the lease is not valid for 15 years. Learned counsel for the petitioner further submits that even assuming that as the lease commenced on 07.10.2013, the shortfall being few days only the petitioner should have been given further opportunity to submit a supplementary lease deed for the remaining period of lease to cover up the total lease period of 15 years.
4. As per the notification and the guidelines for selection, one of the mandatory requirements is to own the land for the purpose of establishing the godown and the office as per the specifications provided in the guidelines. However, the guidelines also enable to obtain lease from the land owner and submit lease deed. In case the lease is obtained on the property in which godown/office is proposed, the lease should be for a minimum period of 15 years from the last date of submission of applications. As seen from the lease agreement, the lease commenced on 07.10.2013 and, therefore, it was falling short of 15 years on the last date i.e., 17.10.2013. The relaxation of essential requirement cannot be granted by the writ Court in exercise of power of judicial review. The order of the respondent is strictly in accordance with the advertisement and the guidelines governing the selections. I do not, therefore, see any error in the decision warranting interference by this Court. It may be hard case that the lease is falling short by few days, but there may be similar such cases of people not having the lease for the requisite period and not fulfilling the other criteria prescribed. It is for the respondent authorities to consider and take a decision, but the Court cannot interfere in such matters.
5. The Writ Petition is, accordingly, dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO, J Date: 28th October, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32250 of 2014 Date: 28th October, 2014 KL