Chief Justice's Court
Case :- WRIT - C No. - 7280 of 2018 Petitioner :- Sudama Prasad Respondent :- Union Of India, Thru Secretary Ministry Of Petroleum New Delhi And Another Counsel for Petitioner :- Kamal Kishor Mishra Counsel for Respondent :- A.S.G.I.,Dhurva Kant Chaturvedi,Prakash Padia
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Sri Kamal Kishore Mishra, learned counsel for the petitioner. Learned A.S.G.I. for the respondent no. 1 and Sri Prakash Padia, learned counsel for the respondent.
The writ petition is directed against the order dated 22 January 2018 passed by the respondent Indian Oil Corporation Limited (for short "Corporation") rejecting the candidature of the petitioner for Rural Retail Outlet dealership on location Dhankhadi (On Chauri to Khutaha Pakri Road), Block Paniyara, District Maharajganj, for the reason that the petitioner did not own the land on the said location. The impugned order has been passed pursuant to directions issued by this Court on 12.10.2017 passed in Writ-C No. 47375 of 2017 (Sudama Prasad vs. Union of India and others).
It is noted in the impugned order that petitioner offered the lease-deed which was executed by his father Sri Kalpnath. In other words on submission of the application on 15.11.2014 petitioner did not own any land and, therefore, submitted the land owned by his father who does not fall within the "Family Unit".
Contention of learned counsel for the petitioner that he, thereafter, inherited the plot on the death of his father on 20.9.2017 was not accepted by the Corporation as the condition of ownership of the land in terms of the brochure for selection of dealers for Regular and Rural Retail Outlets was not satisfied by the petitioner. "Family unit" is defined under Clause-10 "Disqualification", which reads thus:
"A. Individual Applicants:
(i). ...............
'Family Unity' in case of married applicant, shall consist of individual concerned, his/her Spouse and unmarried son(s)/daughter(s). In case of unmarried person/applicant, 'Family Unit' shall consist of individual concerned, his/her parents and his/her unmarried brother(s) and unmarried sister(s). In case of divorcee, 'Family Unit' shall consist of individual concerned, unmarried son(s)/unmarried daughter(s) whose custody is given to him/her. In case of widow/widower, 'Family Unit' shall consist of individual concerned, unmarried son(s)/unmarried daughter(s). "
Learned counsel for the petitioner does not dispute that on the date of application, petitioner was married, hence, does not fall within the expression " Family Unit".
In the circumstances, the impugned order cannot be faulted. The writ petition being devoid of merit is, accordingly, dismissed.
Order Date :- 28.2.2018 S.Prakash (Suneet Kumar,J) (Dilip B Bhosale,CJ)