ONKAR PRASAD Vs. THE UNION OF INDIA

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred against the judgment and order dated 26th March, 2015 delivered by the learned Single Judge in W.P.(C) No. 7084 of 2012, whereby the petition preferred by this appellant was dismissed and the order dated 10th September, 2013 of termination of the Indane distributorship Agreement dated 22nd March, 2012 for distribution of Liquefied Petroleum Gas was held as a valid one and hence the original petitioner has preferred this Letters Patent Appeal.

(2.) FACTUAL MATRIX An advertisement was issued in the year 2010 under the 'Rajiv Gandhi Gramin L.P.G. Vitarak Yojana' for the Indane distributorship of Liquefied Petroleum Gas for several places in the State of Jharkhand including Kuru, District Lohardaga for Open category. This advertisement is at Annexure 1 to the memo of this Letters Patent Appeal. An application was preferred by this appellant in proper format ( Annexure 2 to the memo of this Letters Patent Appeal) in which it has been categorically stated by this appellant that the location of the Rajiv Gandhi Gramin Liquid Petroleum Gas Vitaran is at Kuru. It has also been stated by this appellant in the said application that the location of the land for the LPG Godown is at Village Rajrom, P.S. Kuru, District Lohardaga. Even survey number was given and map was also attached. Aforesaid information was furnished in column No. 9 of the said application at Annexure 2. Thus, neither there was any misrepresentation by this appellant about the location of the land for the LPG Godown nor any fraud was played by this appellant. The facts stated in the application (Annexure 2) made by this appellant was duly verified by the Respondent No.2 - Indian Oil Corporation Limited. Format of the Field Verification Report is at Annexure 5 to the memo of the Letters Patent Appeal. Looking to the Clause 9 of the said format at Annexure 5, it appears that physical verification of the land for the godown was to be done by the officers of the Respondent No.2, Indian Oil Corporation Limited and in case the land was not found suitable then it could have been changed by the applicant so as to make him eligible for the distributorship. It appears that the Indian Oil Corporation, on field verification, never found the land for the godown unsuitable because had there been any suggestion by the Indian Oil Corporation for any other location of the land for the godown, this appellant would have changed the location of the Godown, but, even after verification never such objection was raised by the Respondent No. 2 -Indian Oil Corporation Ltd. Thereafter, distributorship was granted to this appellant on 22nd March, 2012.

(3.) ARGUMENTS CANVASSED BY THE APPELLANT (ORIGINAL PETITIONER): Counsel for the appellant -original petitioner submitted that in pursuance of the public advertisement for the distributorship of L.P.G. Gas (Indane)(Annexue 1 to the memo of this Letters Patent Appeal) this appellant preferred an application in the format prescribed by the Respondent No.2 - Indian Oil Corporation Ltd. The said application form is at Annexure 2 to the memo of this Letters Patent Appeal and neither there is suppression of any material fact nor any misrepresentation or any wrong statement of fact in the said application. The address of the godown for LPG Distribution is mentioned as village Rajrom, Police Station Kuru, District Lohardaga in Clause 9 of the said application form. These facts were also verified by the officers of the Indian Oil Corporation Ltd. as per Format of the Field Verification (Annexure 5 to the memo of this Letters Patent Appeal) and never any objection was raised about the location of the land of the godown. As per Clause 9 of the Format of Field Verification, had there been any objection raised by the Indian Oil Corporation about suitability of the site for the godown, then an opportunity would have been given to this appellant to change the location of the godown. In the present case, the godown is situated within the Block Kuru where distribution of Liquefied Petroleum Gas under 'Rajiv Gandhi Gramin Liquid Petroleum Gas Vitaran' is to be made.