GHULAM MOHAMMAD SOFI Vs. UNION OF INDIA

JUDGEMENT

(1.) An advertisement notice was issued by the different Oil Companies including Indian Oil Corporation for distributorship of LPG in Jammu and Kashmir State for different locations including the one at Aishmuqam (Municipal Committee), figuring at Sr. No. 29, therein, in the open category to which petitioner had responded to and deposited an amount of Rs.8000.00 in favour of the respondents.

(2.) It is stated that details of the land measuring 15x16 mtrs falling under Khasra No. 482 situated at Aishmuqam along with other details fulfilling the requirements of advertisement notice were provided to the respondents and the petitioner was found eligible through the medium of a draw and as per the respondents was falling in priority list of 1st category. Accordingly, a list of locations/villages for issuance of online computerized draw for selection was scheduled on 15/11/2017 and the venue was fixed for location Aishmuqam at D.C. Office Complex, Srinagar. The petitioner was declared qualified and was informed about the same through e-mail dtd. 8/11/2017. The petitioner was also asked to deposit an amount of Rs.40,000.00 and a self attested copy of photo ID as a proof of identity. After fulfilling the requisite formalities, a team was constituted for field verification who visited the spot and in terms of communication dtd. 1/12/2017, petitioner was intimated that the land offered by him is not suitable as an overhead LT/HT/Transmission power lines and one drain are crossing at entry side of the plot. The petitioner was advised to offer the alternate site within three days with the dimension of 15x16 mtrs within the village or cluster of village's limit as per the advertised location.

(3.) The petitioner immediately provided an alternate site/land for location Aishmuqam falling under Khasra No. 27 at village Jammoo. However, the alternate land offered by the petitioner had not been accepted by the respondents and they passed an order No. JAO/Aishmuqam/01 dtd. 18/1/2018, whereby the candidature of the petitioner for LPG distributorship was rejected and the amount of Rs.40,000.00 deposited by the petitioner was forfeited with the observation that the alternate land is not located in the advertised village (Aishmuqam). It is this order which is impugned in the writ petition in hand.