RAHIL ASLAM Vs. INDIAN OIL CORPORATION

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner for quashing communication dtd. 2/6/2020 and for directing the respondents to install retail outlet (Petrol Pump).

(2.) The petitioner in pursuance to an advertisement in the newspaper dtd. 25/11/2018 for the allotment of the retail outlet dealership at various places in the Open category applied for the allotment of retail outlet dealership for location Manwal, District Jammu. The petitioner claims to be the owner of the land situated at Manwal, District Jammu measuring 02 kanals falling in khewat No. 120, khata No. 517 min and khasra No. 1278 situated at village Kothar by virtue of registered sale deed. The petitioner was declared qualified and the respondents fixed the date for visit of the committee for land evaluation on 7/3/2019 and subsequently via email, dtd. 27/2/2019, the petitioner was informed that the committee has cancelled its visit. Thereafter, the petitioner claims to have deposited a sum of Rs.40,000.00 as expenses for visit of the committee. It is further stated that the petitioner received another e-mail on 3/3/2019 from the respondents whereby the petitioner was informed that the officers of the respondents will visit for field verification on 13/3/2019. The respondents visited the spot and conducted the verification on that day. The Patwari concerned was also examined by the said committee. It is further stated that after conducting the verification, the respondents pointed out a query/objection that the land falls in village Kothar and the site was notified for Manwal. It was due to the fact that in the sale deed which the petitioner had submitted with the respondents, the name Manwal was missing. The petitioner got it rectified and submitted again to the respondents and added the village Manwal to the same. It is further submitted that there is no place in the revenue record called as "Manwal" and the people of the area locally call the revenue village Kothar as Manwal. The petitioner in order to satisfy the query of the respondents obtained certificate from different government offices. The Tehsildar Dansal who is the best competent person to explain the things also issued a certificate dtd. 19/1/2019 whereby the Tehsildar has submitted that as per SRO 441 dtd. 21/10/2014 issued by the Revenue Department, Government of Jammu and Kashmir, village Kothar falls under the jurisdiction of Tehsil Dansal, District Jammu and further Manwal is not a village in revenue record but it is a habitation locally known as Manwal and is a part of the revenue village Kothar. Another certificate was obtained by the petitioner from the Government Higher Secondary School that the Manwal is a part of Kothar only. Thereafter, the respondents wrote a communication dtd. 4/9/2019 to the Tehsildar, Dansal for verification of the above facts and the Tehsildar Dansal replied to the respondent No. 2 that the Kothar village is within the location of Manwal and the land documents submitted by the petitioner are within Manwal. It is further submitted that the petitioner satisfied the respondents to all the extents and submitted all the requisite documents with regard to the objections raised by the respondents but the respondents instead of issuing the letter of intent, issued a communication dtd. 6/2/2020 and cancelled the allotment.

(3.) The petitioner has impugned the communication dtd. 6/2/2020 on the ground that the impugned communication is silent to the fact that the Manwal does not fall under Kothar and further that the petitioner based upon the assurance and promise made by the respondents have made huge investment in the procurement of permissions and other infrastructure investments but the respondents are deliberately delaying the case of the petitioner and do not want to install the retail outlet (Petrol Pump) on the land of the petitioner. It is also stated that the application made by the petitioner is for the same place and the Kothar and Manwal are the one and the same place.