JYOTI BALA Vs. UNION OF INDIA.

JUDGEMENT

(1.) Consequent upon the advertisement, Annexure P-1 to the writ petition, the petitioner applied for the allotment of LPG distributorship at village Sansarpur. The LPG distributorship was advertised for Sansarpur, under Gram Panchayat Rihri, Block Jaswan, District Kangra. The petitioner had also made an application. Respondent No. 2 -Corporation has considered all the applications and on the basis of draw of lots, decided to allot the distributorship to her. At a subsequent stage however, it transpired that village Sansarpur, does not fall in Gram Panchayat Rehri and was in Gram Panchayat Ghatti. The respondent- Corporation, therefore, issued a corrigendum dated 7.9.2018 and cancelled thereby the location Sansarpur Terrace in terms of Clause 5 (K) of the advertisement, Annexure P-1. The distributorship was re-advertised by correct location i.e. Sansarpur, Gram Panchayat Ghatti, Block Jaswan, District Kangra. The petitioner aggrieved thereby has filed the present writ petition for seeking a direction to the respondents to quash and set aside the fresh advertisement of the distributorship at location Sansarpur, Gram Panchayat Ghatti (wrongly mentioned as Annexure P-14 in the prayer clause of the writ petition).

(2.) The respondents have contested and resisted the claim of the petitioner on the grounds, inter alia, that during verification, the Field Verification Committee has reported that name of the location and the Gram Panchayat has been wrongly advertised as Sansarpur Terrace, Gram Panchayat Rehri. Confirmation was also obtained from the Naib Tehsildar and Patwari of Block Jaswan on 31.3.2018 (Annexure R-3). As per Annexure R-3, name of the location should have been Sansarpur, whereas Gram Panchayat Ghatti, Block Jaswan, District Kangra. But the feasibility of opening LPG distributorship at Sansarpur was done on industry basis by the Oil and Marketing Companies at Himachal Pradesh. The Industry upon review of the whole matter has taken a decision to cancel the advertisement qua opening the distributorship at Sansarpur Terrace, District Kangra and to advertise the same at the correct location i.e. Sansarpur, Gram Panchayat Ghatti, Block Jaswan, District Kangra. As per certificate (Annexure R-3) issued by the Patwari, Patwar Circle, Ghatti and counter- signed by the Naib Tehsildar, village Sansarpur falls under Gram Panchayat Ghatti. Sansarpur is a revenue village of Gram Panchayat Ghatti. It is adjoining village of Gram Panchayat Rehri.

(3.) Learned counsel representing the petitioner, no doubt has pressed in service the documents, Annexure P-9, colly (page 81). The same however pertains only to the location of Terrace Colony and also Hadbast Number of village Sansarplur and Rehri. Even as per this document also the Mauja of Sansarpur is Sansarpur whereas that of Rehri, Rehri itself. The other details qua location of Electrical Sub Division and Sub Post Office at Rehri is not relevant. The certificate, Annexure P-9 colly (page-82) annexed by the petitioner is the same certificate which the respondents have annexed to the reply as Annexure R-3, as referred to herein above.