RITA DEVI Vs. INDIAN OIL CORPORATION

JUDGEMENT

(1.) This application has been filed for quashing the order dated 24.11.2011 (Annexure-6) passed by Senior Area Manager, Ranchi Area, Indian Oil Corporation Limited, whereby and whereunder the candidature of petitioner for award of Rajiv Gandhi Gramin L.P.G. Vitrak (RGGLV) dealership at Jaridih, District-Bokaro, has been rejected. It appears that the Indian Oil Corporation (hereinafter referred to as 'Corporation') had issued an Advertisement for awarding dealership under the Scheme of RGGLV, Jaridih. In the said Advertisement, it is mentioned that the said L.P.G. dealership is for the people of the Villages-Jena, Kala Pathar, Araju. One of the conditions mentioned in the Advertisement is that the applicant must be a resident of the town/villages of the advertised RGGLV location. The second mandatory condition is that the applicant must own a suitable land (plot) having an area of 20m x 24m within the RGGLV location. It appears that the petitioner had applied for distributorship of RGGLV at Jaridih (Village Cluster-Jena, Kala Pathar, Araju). In the application (Annexure-2) petitioner stated that she is a resident of Telaiyatand, Jena (Jaridih). In the said application, petitioner further stated that she has got land for L.P.G. Godown at Telaiyatand, Jena, Jaridih. It is relevant to mention that Corporation organized a lottery on 30.8.2011 for allocation of dealership of RGGLV, Jaridih, in which all the eligible candidates participated. In the said lottery, petitioner has been selected. Thereafter, according to Clause-12.9 of the Brochure (Annexure-1/1), the officer of Corporation conducted field verification for ascertaining the truthfulness of the information given by the petitioner in her application. It appears from verification report, annexed with counter affidavit, (Annexure-RA), that the land of petitioner situated at Mouza-Bandhdih under Jaridih Block. It was also found that petitioner is a resident of Village-Bandhdih. Accordingly, Senior Area Manager of Ranchi Area of Corporation has rejected the candidature of the petitioner vide his order dated 24.11.2011, because he found variance in the application of petitioner with that of field verification report. The aforesaid order impugned in this writ application.

(2.) Sri Sujit Narayan Prasad, teamed counsel appearing for the petitioner submits that from the perusal of the Advertisement, it is clear that the dealership is for the entire area of Jaridih Block. He further submits that petitioner is a resident of Village-Bandhdih and the said Village is within the territory of Jaridih Block. He also submits that the petitioner owns landed property in Bandhdih i.e. in the Jaridih Block. Under the said circumstance, petitioner is eligible for applying for the dealership, which is going to be awarded for Jaridih (Village Cluster-Jena, Kala Pathar, Araju). Accordingly, he submits that the impugned order has been illegally passed with a view to deny dealership to the petitioner.

(3.) On the other hand, Sri A.N. Gupta and Sri Sachin Kumar, learned counsel appearing for the respondent Nos. 1 to 4 & 5 submit that according to Clause-4(b) of the Brochure (Annexure-1/1), it is imperative for the applicant that he or she must be a resident of town/village(s) of the advertised RGGLV location. In the instant case, the Advertisement was for Jaridih (Cluster Villages Jena, Kala Pathar, Araju). Thus, it is necessary for the applicant to show that he or she is resident of any of the aforesaid three villages. Admittedly, petitioner is not resident of Village-Jena or Kala Pathar or Araju. Thus, she is not eligible for the dealership of Jaridih. Learned counsel for the respondents further submit that as per Clause-4(G) of the Brochure (Annexure-1/1), it is necessary for the applicant to show that she owns land within the advertised RGGLV location for construction of L.P.G. Cylinder Storage Godown. It is submitted that from the sale deed (attached with the-application of the petitioner), it is clear that she owns land at Village-Bandhdih. Accordingly, it is submitted that on the own showing of the petitioner, she is not eligible for the L.P.G. dealership. It is submitted that with a view to duped Corporation, the petitioner purposely mentioned in her application that she is a resident of Telaiyatand, Jena (Jaridih) and further stated that she has got landed property at Telaiyatand, Jena (Jaridih). The aforesaid wrong statement of the petitioner detected by the authority of the Corporation during the field verification and because of aforesaid variance found in the statements made in the application and field verification report candidature of petitioner has been rejected by Annexure-6. It is submitted that the impugned order is legal and in accordance with Clauses-12.9 & 12.10 of the Brochure (Annexure-1/1).