PRIYANKA GOGOI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. M. D. Choudhury, the learned counsel for the petitioner. Also heard Mr. M. K. Choudhury, the learned Senior Counsel assisted by Mr. P. Bhardwaj, the learned counsel for the IOC Ltd. representing the respondent Nos. 2, 3, 4 and 5 and Mr. B. J. Talukdar, the learned Additional Senior Government Advocate, Assam representing the respondent No. 6.

(2.) The petitioner in pursuance of an advertisement published on 12/6/2018 in various Assamese news dailies by the respondent IOC Ltd. for appointment of LPG distributor in different interior villages of Assam under different categories applied under IOC Ltd for village Tarani under Gaon Panchayat Buraburi, Sub Division - Sadia in the district of Tinsukia in the category OBC (W). The said LPG distributorship at village Tarani was specifically reserved for OBC woman quota. The said application of the petitioner was rejected and informed vide letter dtd. 4/9/2018 by the DGM(LPG-S) of the respondent IOC Ltd. that there was no clear owenership of the petitioner on the offered land for godown as on the last date of submission of application. The last date for submission of application was on 13/7/2018 and on the other hand, the petitioner submitted all the documents along with application on 11/7/2018. The petitioner being aggrieved has filed this writ petition.

(3.) The petitioner applied and offered land required for construction of the godown for storage of LPG, the requisite area within the total area of land measuring 5 Bigha 4 Katha 0 Lecha covered by Dag No. 136, PP No. 10 situated at No. 2 Tarani Gaon, Sadiya Mouza in the district of Tinsukia, Assam. The petitioner was aged about 23 years on the date of application and her father Late Numal Gogoi died due to cancer on 1/8/2018 at Sadiya, Tarani Gaon. The said land measuring 5 Bigha 4 Katha 0 Lecha stood in the name of Sri Budhin Gogoi who is the paternal uncle of the petitioner. So, on the date of application, the petitioner offered the said land on the 'category' of land belonging to the "member of the family unit" of the petitioner. The petitioner was informed by the Chief Area Manager, Tinsukia Area Office, IOC Ltd about qualifying of her candidature for online computerized draw of lots for selection of LPG Distributorship and finally she was selected on 25/7/2018 amongst other candidates. Thereafter as per the direction of the respondent authority, the deponent deposited Rs.30,000.00 for field verification of credentials (FVC). On 1/8/2018, the father of the petitioner as hereinabove stated expired and so in application the petitioner though referred the registration sale deed dtd. 11/7/2018 but due to the death of the father of the petitioner, the sale transaction could not be carried though the NOC for transfer of immovable property in the name of the petitioner was applied on 11/7/2018 in the office of the Deputy Commissioner, Tinsukia. However, the respondent vide impugned letter dtd. 4/9/2018 rejected the candidature of the petitioner for the reason hereinabove stated. It is the case of the petitioner that in support of the claim that the land offered belonged to member of "family unit" it was put on record by way of an affidavit filed by the said Budhin Gogoi as the recorded owner of the said land measuring 5 Bigha 4 Kath 0 Lecha.