MD. SAJID KALAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the Counsel for the petitioner and Mr. K.D. Chatterjee for the respondent Indian Oil Corporation (for short 'the Corporation'). Parties have exchanged the pleadings.

(2.) The respondent Corporation advertised certain locations for grant of distributorship/retailership under Rajiv Gandhi Gramin LPG Vitrak Scheme. Location Andhana in the district of Nalanda was available for open category. The petitioner applied for the said location on 25.03.2011 vide application at Annexure-1. It is stated that in the draw of lots held by the respondent Corporation for the said location, the petitioner was adjudged as the successful applicant vide communication dated 29.10.2011 (Annexure-5). Subsequently, the respondent Corporation as per the guidelines made field verification of the claim of the petitioner wherein it was found that the land offered by the petitioner was not mutated in his name. Instead, it was mutated in the name of his father. The field verification report in the case of the petitioner is placed at Annexure-A of the counter affidavit filed by the Corporation. On the basis of the defects found in the application of the petitioner, the Chief Area Manager of the respondent Corporation vide communication dated 13.09.2012 (Annexure-8) cancelled the award of the subject distributorship at the said location setting out reasons therefor. Aggrieved thereby, the present writ petition is filed.

(3.) Learned counsel for the petitioner submits that before the field verification could be made by the respondents, the petitioner had presented the land possession certificate (Annexure-6) issued in favour of the petitioner on 25.11.2011. The father of the petitioner had already died. There was nothing to suspect the clear title of the petitioner over the land offered by the petitioner for the purpose of opening of godown. On mere technicalities, respondents have cancelled the candidature of the petitioner inasmuch as the award of the subject distributorship has also been cancelled.