Chief Justice's Court
Case :- WRIT - C No. - 11753 of 2018 Petitioner :- Prity Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Anand Prakash Srivastava Counsel for Respondent :- Prakash Padia
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Mr. Anand Prakash Srivastava, learned counsel for the petitioner and Mr. Prakash Padia, learned counsel for the respondent-Corporation.
This writ petition challenges the order/letter dated 20.12.2017, issued by the Corporation, informing the petitioner that his candidature for L.P.G. Distributorship at Pura District Kanpur Nagar under SC (W) category, advertised on 28.10.2016, has been cancelled. The grounds mentioned in the letter read thus:
"As per policy of the corporation, the applicant should have land for construction of showroom at the advertised location as eligibility criteria. During the FVC it has been found as per khatauni of the offered land that it is not in the advertised location Pura.
Hence you have failed to provide suitable land for showroom in advertised location as per our advertisement dated 28.10.2016. Also, please note that you have submitted a letter mentioning that you do not own any land for showroom as on 15.12.2016."
Counsel for the petitioner invited our attention to clause 7.1 (Kha) in the Guidelines for Selection of L.P.G. Distributorship, 2016, to contend that a location of the plot offered by him for the showroom is within 15 kms. radius from the desired location, as required under the said clause. We have perused the relevant clause and it appears that it does not apply to "showroom" and it applies only to the location of LPG godown. Therefore, reliance placed on this clause itself is misplaced. The petitioner was required to offer land for showroom as per the advertisement in Village Pura, whereas the land offered by the petitioner is at Village Madararaiguman, Pargana and Tehsil Billor, District Kanpur Nagar, as seen from the sale deed produced on record as Annexure No.1. In the circumstances, we find no reason to interfere with the impugned order. Petition is dismissed.
Order Date :- 30.3.2018 VMA (Dilip B Bhosale, CJ) (Suneet Kumar, J)