RAMESHWAR PRASAD JAT Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has challenged the order dated 22.11.2012, issued by the Sr. Divisional Retails Sales Manager, Ajmer Divisional Officer, Indian Oil Corporation Ltd., Ajmer cancelling the selection of the petitioner as the empanelled candidate No.1 for the Kishan Seva Kendra (KSK) location "Parana ", Tehsil and District Tonk on the ground that while in his application form filed on 19.10.2011 under Clause No.12 therein, the petitioner has mentioned khasra number of the plot offered for development of KSK as 971/3 and submitted a lay-out plan reflecting similar khasra number, yet on field verification of the documents submitted against the land offered by the petitioner, it was found that khasra number obtaining as per the revenue record for the land offered by the petitioner was 971/1 and not 971/3. Based on this purported discrepancy, the empanelment of the petitioner was cancelled.

(2.) THE case of the petitioner is that he had purchased part land falling in khasra No.971/1 in village Parana, Tehsil and District Tonk from the erstwhile owner Ram Ratan Gurjar on 14.10.2011 by a registered sale-deed prior to the last date for submission of the application for selection to run KSK in issue on 19.10.2011. It has been submitted that along with his application form, aside of the registered sale-deed aforesaid dated 14.10.2011, the petitioner had submitted the then obtaining revenue record showing the land as falling in khasra No.971/1 at the relevant time in the name of Ram Ratan Gurjar. It is submitted that the ownership of the agricultural land is determinable on the basis of the registered sale-deed and the entries in the revenue record are merely fiscal in nature. The land in issue stood absolutely in the khatedari of the petitioner without any encumbrance prior to the last date for submission of the application though was not mutated in his name in the revenue record even though an application for the purpose had been filed on 14.11.2010 itself. It is submitted that subsequently on the basis of the registered sale-deed dated 14.10.2011 and the petitioner's pending application for mutation in the revenue record before the Tehsildar, entry was made in the revenue record in the petitioner's name. Consequent to the mutation, the khasra numbered as 971/1 was subdivided and new khasra No.971/3 shown in the petitioner's name. It is submitted that the purported discrepancy as found by the site inspection team was thus of no effect on the merits of the petitioner's case and his empanelment as the most meritorious candidate for KSK location Parana, Tehsil and District Tonk. In these circumstances, it has been submitted that the rejection order dated 22.11.2012 is mechanical in nature passed without application of mind and does take into consideration the fact that the revenue entries are mere fiscal in nature. The ownership of the land offered vested with the petitioner effective 14.10.2011 well before the last date for submission of application form i.e. 19.10.2011–on which date the petitioner was the khatedar of the land offered.

(3.) HEARD the counsel for the petitioner as also the respondent-IOCL.