LAWS(GAU)-2018-7-174

JONALI RAJBONGSHI Vs. UNION OF INDIA

Decided On July 19, 2018
Jonali Rajbongshi Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. K. Sharma, learned counsel for the petitioner; Mr. K.K. Parashar, learned counsel, for respondent No.1; Mr. P.J. Saikia, learned counsel for respondent Nos.2 to 6 and Mr. B. Barman, learned counsel for respondent No.7.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner has challenged the legality and correctness of the decision of Bharat Petroleum Corporation Ltd (BPCL) to appoint respondent No.7 as LPG distributorship at Kamargaon under Chak-chaka Block in the district of Barpeta under Rajiv Gandhi Gramin LPG Vitarak (RGGLV) scheme and has sought for a direction to respondent Nos.2 to 6 to award her the distributorship.

(3.) As would be evident from the above, subject-matter of the writ petition is award of LPG distributorship under the RGGLV at Kamargaon under Chakchaka Block in the district of Barpeta. In this connection, advertisement was issued on 21.02.2013 by the BPCL. Petitioner as well as respondent No.7 had responded to the said advertisement and had qualified for the draw which was held on 30.1.2014. It appears that following the draw, respondent No.7 was selected for award of distributorship which is under challenge in the present proceeding. Challenge has been made on the ground that land offered by respondent No.7 did not belong to him or to his family members or to his parents or to his grandparents which is the eligibility requirement. Therefore, candidature of respondent No.7 ought to have been rejected but instead of doing that, opportunity was granted to respondent No.7 to furnish alternative plot of land and after alternative plot of land was furnished by respondent No.7, it was decided to allot distributorship to him.