IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.30193 of 2014 Between:
M. Ramanjaneyulu, S/o. M. Lakshmana, R/o. H.No.7-62, Mala Geri PEdda Kadubur Village and Mandal, Kurnool District 518 323.
.. Petitioner AND Bharat Petroleum Corporation Limited, Rep. by Territory Manager (LPG), NH 7, 217/6 KM Stone, Near Lakshmipuram Village, Kurnool – 518 002.
.. Respondent The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.30193 of 2014 ORDER:
Bharat Petroleum Corporation Limited along with other petroleum corporations issued an advertisement on 12.09.2013 for enlisting dealers under the Rajeev Gandhi Gramin LPG Vitrak (RGGLV) Scheme at various locations in the combined State of Andhra Pradesh. The outlet at Peddakadubur of Kurnool District is earmarked for schedule category candidate. The petitioner responded to the said notification and submitted his application. One of the requirements for eligibility is that the applicant must have a plot of land of minimum dimensions of 21 meters x 26 meters for construction of LPG Godown for storage of 5000 Kgs each of LPG cylinders at the advertised RGGLV location. It also requires that the plot of land or ready LPG cylinder storage godown should be freely accessible through all weather motorable approach road (public road or private road connecting to the public road). It mandates that in case of private road connecting to the public road, the same should be owned by the applicant/member of the family.
2. Selections were conducted on 16.01.2014. By letter, dated 26.08.2014, the petitioner was informed that his application was scrutinized and he was found to be eligible as per the draw conducted on 16.09.2014. He was directed to deposit an amount of Rs.20,000/- to enable the respondent Corporation to carry out FVC (Field Verification of Credentials). On due verification, by letter, dated 22.09.2014, the petitioner was informed that the land on which he proposed to establish LPG godown is land locked on all four sides and that the petitioner was not in possession of the approach land to the proposed godown as on the last date of submission of application as specified in the advertisement. This decision is challenged in this writ petition.
3. Learned counsel for the petitioner submits that as the application did not indicate any column, petitioner did not enclose the documents which support his claim that the land shown by him for establishment of godown has an approach road. Learned counsel for the petitioner submits that the petitioner entered into an Agreement of Sale with the owner of the land abutting the approach road and the same was in his possession and enjoyment by the time when he applied. Since there was no specific column indicated in the application form, the petitioner could not bring this fact to the notice of the respondents. In support of his contention, learned counsel for the petitioner placed reliance on the document registered subsequently concerning the approach road.
4. The brochure for selection prescribe the various requirements for application and processing of applications. Column 6 deals with common eligibility criteria for all categories. In para ‘h’ of column 6 to the next relevant for this case reads as under:
“h. (i) Should own :
a plot of land of minimum dimensions 21 M x 26 M for construction of LPG Godown for storage of 5000 Kg of LPG in cylinders at the advertised RGGLV location. The plot of land for construction of godown not meeting the minimum dimensions of 21 M x 26 M will not be considered.
Or a ready LPG cylinder storage godown of minimum 5000 Kg capacity at the advertised RGGLV location.
In case there are any state specific requirements/norms applicable for construction of the LPG Godown, then the same will be applicable for the respective RGGLV locations including revised minimum dimensions of the plot of land will be required as specified in the advertisement of that respective State.
The plot of land or ready LPG cylinder storage godown should be freely accessible through all weather motorable approach road (road or private road connecting to the public road). In case of private road connecting to the public road, the same should be owned by the applicant/member of family as defined in h (iii) below in the ownership criteria for land. In case of ownership/co-ownership by family member(s) in respect of such private road, consent letter from respective family member(s) will be required.”
5. A reading of above para would show that it is mandatory that any property on which an LPG godown is proposed to be established or an LPG godown already exist must have an approach road. An approach road is mandatory since the cylinders have to be brought in and taken out and, therefore, this column is stipulated. Admittedly, the petitioner has not enclosed relevant material to support his claim that the property owned by him has an approach road. Even the document on which reliance is placed would show that the petitioner is not having approach road. The petitioner claims to have purchased land to form approach road. The sale document is stated to have been registered on 04.02.2014 and the recital would show that on that day, for family necessities, the property was sold having received the sale consideration. The recitals do not show that the property was already sold and sale consideration was received in advance and possession was already handed over to the petitioner as sought to be projected now. Thus, as on the date of submission of application, the petitioner was not owning the approach road to the property which is cited for establishment of the LPG godown. Further more, the petitioner has not enclosed to the application the material to show that the property on which the godown was sought to be established is having an approach road, which is mandatory as per clause 6(h) extracted above. Hence, I see no error in the decision rejecting the application of the petitioner for allotment of RGGLV LPG dealership in Peddakadubur, Kurnool District.
6. Accordingly, the Writ Petition is 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: 10th October, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.30193 of 2014 Date: 10th October, 2014 KL