BANWARI BAGHEL Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This petition, under Art. 226 of the Constitution of India, is at the instance of one of the candidates who had applied for award of LPG Distributorship under Rajeev Gandhi Rural LPG Distribution Scheme, pursuant to the advertisement (Annexure P/1) published in the newspaper dated 21/5/2012 for Village Magroni, Tahsil Narpur, District Shivpuri, seeking quashment of the Draw held on 28/1/14 in favour of respondent No. 4 as she, according to the petitioner, is ineligible candidate and for further direction to respondent nos. 1 to 3 to conduct fresh Draw for award of LPG Distributorship.

(2.) Amongst other eligibility conditions mentioned in the advertisement (Annexure P/1), the applicant is required to qualify Xth Board examination or its equivalent; the applicant should have the land of his/her ownership at the location of distributorship as specified in the advertisement of area ad-measuring 20 meters x 24 meters; the said land should be plain, levelled and accessible, besides no live over head power transmission or telephone line should run over it and no pipeline/rivulet/gutter or Nala should pass through such plot/land; the application should be submitted in good hand-writing or in typed form and after submission of the application, neither there should be any addition, deletion nor any change therein.

(3.) According to the petitioner, respondent No. 4 has made false declaration that she has land of her ownership at Village Magroni. Besides, the land offered by husband of respondent No. 4 during FVC visit was not of his exclusive ownership. It is un-diverted land and over the said land, overhead power line passes through, as is apparent from the photographs (Annexure P/9). It is submitted that Nala passes through the said land under a culvert, as is apparent from photocopy of certified copy of the report issued by the Office of Tahsildar (Annexure P/14). Besides, it is submitted that respondent No. 4 has further made false declaration in her application form that she has qualified Xth Board examination in the year 1988-1989 and that she has annunal income of Rs. 4,000,00.00 (Rupees four lacs). It is submitted that as against Column No. 9 of the application form, respondent No. 4 has given false and misleading statement as regards the location of land falling in Khasra Nos. 277/11/4 and 277/11/12 admeasuring 0.38 hectare and 0.02 hectare at Village Magroni, Narwariya Road, whereas, as per the records, the same is situated at Vllage Panghata, Gram Panchayt Quaday. It is submitted that in view of the aforesaid facts, respondent No. 4 was ineligible to apply for LPG Distributorship pursuant to the advertisement. It appears that petitioner had preferred W.P. No. 1484/14 with the aforesaid grievance and this Court, while disposing of the said writ petition, vide order dated 26/3/14 (Annexure P/4), has observed as under:-