DHARMENDRA KUMAR KATIYAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Sri Amar Pal Singh, learned counsel for the petitioner, learned A. S. G. for respondent No. 1 and Sri M. E. Khan, learned counsel for respondents No. 2 to 5 are present.

(2.) Learned counsel for the petitioner has submitted that petitioner in pursuance of advertisement dated 29. 09. 2013 published in newspaper ''Dainik Jagran' applied for LPG Distributorship at Maigalganj,Kheri under open category on 28. 10. 2013. Alongwith application he has also submitted the bank draft of Rs. 1000/- annexing therewith a copy of saving bank passbook of his mother showing the balance of more than Rs. 10 lacs, alongwith her affidavit that she will transfer the aforesaid amount in favour of petitioner on award of LPG Distributorship and other relevant documents. Petitioner also filed extract of Khatauni of required land under Maigalganj, Kheri regarding showroom and godown.

(3.) A brochure of guideline for selection of regular LPG Distributorship was also issued in August 2013, wherein the eligibility criteria for individual applicant was mentioned. Para 6. 1 (vii) of eligibility criteria is contains requirement of land for construction of godown and para 6. 1(viii) shows requirement of plot or land for showroom. Para 6. 1 (v) mentions the requirement of amount for urban rural and rural markets for eligible applicants. Para 8. 5 provides the clause for removal of deficiency. The application of petitioner was received by opposite party No. 3 on 18. 10. 2013. Subsequently, the said application of petitioner was rejected on the ground that applicant did not have any land for showroom in advertised location as according to clause 6 of brochure and that he did not have the minimum fund of Rs. 10 lacs as per eligibility criteria. Whereas, petitioner has filed extract of khatauni of required land in Maigalganj, Kheri regarding showroom and godown, which fulfills the required conditions set forth in brochure. The petitioner has also filed saving bank passbook of his mother showing more than Rs. 10 lacs in account and affidavit of his mother that she will transfer the same in the name of petitioner, thus, both grounds referred to above for rejection of claim of the petitioner has no leg to stand.