SRIJAN SHARMA Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) Brief facts necessary for adjudication of the present petition are that applications were invited by the respondent-Corporation for awarding distribution-dealership outlet of Rajiv Gandhi Grameen LPG Vitrak Yojna, at Sihunta Jarei, District Chamba, HP under open category vide advertisement dated 11th October, 2010. According to the petitioner as he was eligible to be awarded such dealership, accordingly, he applied to the respondent-Corporation with all requisite documents. Thereafter, vide communication dated 1st August, 2011, he was intimated by the respondent-Corporation that he had qualified for the draw of selection of Rajiv Gandhi Grameen LPG Vitrak Yojna and he was called upon to be present alongwith his photo identity etc. for the draw of lots on 26.08.2011 at 10:00 a.m. It is pertinent to mention at this stage that a perusal of communication dated 1st August, 2011 demonstrates that it was mentioned therein that the result of draw and further proceedings shall be subject to the outcome of the CWP No. 1192 of 2011 pending before this Court. The said petition stands disposed of as withdrawn by this Court vide its decision dated 23.11.2016. According to the petitioner, he was successful in the draw of lots and was waiting for letter of intent, however, rather than issuing any letter of intent, respondent-Corporation sent communication dated 11.10.2011 to him vide which he was inter alia informed that there was a mistake of description of khasra number for the purpose of dealership and that land comprised in Khasra No. 1239/359 was duly inspected by the Officers of the respondent-corporation alongwith Patwari concerned and certain shortcomings were noticed in the said land and the petitioner was called upon to remove the same within a period of seven days. This as per the petitioner was followed by communication dated 09.01.2012 vide which the candidature of the petitioner was cancelled for the purpose of allotment of dealership outlet of Rajiv Gandhi Grameen LPG Vitrak Yojna at Sihunta Jarei without providing him any opportunity of being heard to him. In this background, the present writ petition was filed praying for the following reliefs.

(2.) I have heard the learned counsel for the parties.

(3.) It is a matter of record that before issuance of the impugned communication dated 09.01.2012 vide which candidature of the petitioner was cancelled for the purpose of allotment of distribution outlet of Rajiv Gandhi Grameen LPG Vitrak Yojna at Sihuntra Jarei, no opportunity of being heard was provided to him. In other words, his candidature has been cancelled by the respondent-Corporation in violation of principles of natural justice.