JAGWANT KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) The appellant was before the High Court challenging the allotment of L.P.G. distributorship at Balachaur; applications to which were invited by the Indian Oil Corporation (for brevity, "the Corporation") by advertisement dtd. 19/1/2013 for allotment of such distributorship under various categories in different locations. The 4th respondent turned out successful by draw of lots held on 18/12/2014. The selection was cancelled initially by reason of instructions issued by the Ministry of Petroleum and Natural Gas, which stood revived by virtue of the guidelines issued by the Ministry dtd. 18/12/2015, later superseded by guidelines of 25/2/2016. The Writ Petition was rejected and the appeal filed therefrom also stood rejected, against which the petitioner preferred a Special Leave Petition in which we granted leave.

(3.) Shri V. Giri, learned Senior Counsel appearing for the appellant would contend that, along with the 4th respondent one other applicant had also proffered the very same piece of land for setting up the distributorship and this invited a disqualification as per the guidelines. The 4th respondent has now offered yet another land, which was not even available with the 4th respondent at the time when the application was made for the distributorship. The guidelines issued by the Corporation required possession by virtue of ownership or lease, as on the date of application and subsequent acquisition either by ownership or lease could not have been accepted by the Corporation. The affidavit filed by the lessor itself conceded that two lease deeds were executed with respect to the very same land, clearly indicating that the very same land offered by the 4th respondent was offered by another applicant.