MANISHA Vs. GOVERNMENT OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for the petitioner has invoked provisions of Article 226 of the Constitution of India against the withdrawal of letter of intent in terms of advertisement dtd. 23/8/2017 for LPG distributorship by respondent No. 3 i.e. Bharat Petroleum Corporation Limited (for short 'BPCL').

(2.) On 23/7/2017 an advertisement was issued by respondent No. 3 for LPG distributorship across Rajasthan. The petitioner herein, possessing all the requisite eligibility and qualifications, applied for the same originally under the open category distributorship. On 22/2/2018, the respondents sent a letter to the petitioner with reference to their intention to offer the petitioner LPG distributorship at Guwalda, District Alwar along with required conditions that were to be duly followed by the petitioners in order to get LPG distributorship.

(3.) Vide letter dtd. 3/8/2018 show cause notice was issued to the petitioner for breach of LPG distributorship, selection guidelines and conditions of LOI on account of a complaint wherein it was alleged that a fake NOC dtd. 25/1/2018 was applied and submitted by the petitioner in the name of Baroda Rajasthan Kshetriya Gramin Bank, Tapukara pertaining to godown land. In the light of the complaint and Field Verification of Credential (FVC), it was revealed that the letter dtd. 25/1/2018 was neither issued by the Bank nor was issued on the authorized letter-head, and the stamp used on the letter did not belong to their Bank and that the said letter was not genuine hence, there was misrepresentation and fraud committed.