Anjana Yadav v. Hindustan Petroleum Corporation Ltd.
2016-07-20
MAHESH CHANDRA TRIPATHI, V.K.SHUKLA
body2016
DigiLaw.ai
JUDGMENT Anjana Yadav is before this Court with request to issue a writ, order or direction in the nature of certiorari quashing the impugned letter dated 8.7.2016 passed by the Chief Regional Manager, Loni LPG, Regional Office, Ghaziabad. She has further prayed for direction to the respondent no.2 to take documents as supplied by her by registered post and issue a letter to the petitioner for participation in the draw dated 22.7.2016 relating to LPG Distributorship under 'O' Category at Village Quarsi, District Aligarh. 2. Record in question reflects that an advertisement dated 29.9.2013 was published by Hindustan Petroleum Corporation Ltd (in short, HPCL) in daily newspaper "Dainik Jagaran" for award of LPG Distributorship at various places in the State of Uttar Pradesh. In response to the said advertisement the petitioner had proceeded to submit her application for award of LPG Distributorship relating to village Quasi under 'O' Category, Aligarh relating to Hindustan Petroleum Corporation Limited at serial no.166 of the said advertisement. On 30.5.2016 the Chief Regional Manager, Loni LPG Regional Office, Ghaziabad had informed to the petitioner to submit the Khasra/Survey/House/shop number of showroom land and distance of godown land from advertised location by 29.6.2016, as they were not found mentioned in the application in question. By the impugned letter dated 8.7.2016 the respondent no.2 has not found the petitioner to be eligible for LPG Distributorship on the ground that the petitioner had failed to provide the required clarification in pursuance of letter dated 30.5.2016. In response to the said letter, the petitioner through counsel had submitted her representation on 15.7.2015 by registered post, which was duly received in the office of respondents. It has been sought to be contended that the action of the respondents for rejecting the the candidature of the petitioner for award of LPG Distributorship is per se bad, and this Court should come to the rescue and reprieve to the petitioner. 3. Shri Vikas Budhwar, learned counsel for the respondents has placed reliance on para-2 of the letter dated 25.2.2016 issued by the Deputy Secretary (LPG), Government of India, Ministry of Petroleum & Natural Gas, New Delhi regarding selection guidelines, wherein it has been mentioned that there will be no requirement for issuing corrigendum/addendum to the advertisement already published.
3. Shri Vikas Budhwar, learned counsel for the respondents has placed reliance on para-2 of the letter dated 25.2.2016 issued by the Deputy Secretary (LPG), Government of India, Ministry of Petroleum & Natural Gas, New Delhi regarding selection guidelines, wherein it has been mentioned that there will be no requirement for issuing corrigendum/addendum to the advertisement already published. Outcome of draw and lot, whatever has happened, will be considered as settled and period of lease will be reckoned from the date of the advertisement. He has also placed on record the letter dated 30.5.2016 issued by Chief Regional Manager, Loni LPG Regional Office, Ghaziabad, by which the petitioner was asked to submit the Khasra/Survey/House/shop number of showroom land and distance of godown land from advertised location by 29.6.2016 but the same has not been provided within stipulated time and as such, no relief can be given to the petitioner. 4. Once this is the factual situation, that in pursuance of the advertisement dated 29.9.2013 the petitioner had proceeded to apply for award of LPG Distributorship at Quarsi (Aligarh) under 'O' Category and Khasra/Survey/House/shop number of showroom land and distance of godown land from advertised location were not found mentioned in the application in question and the respondents had sent a letter dated 30.5.2016 to the petitioner to provide the required information but the same has not been provided within stipulated time and consequently, by the impugned letter the petitioner was not found to be eligible for LPG Distributorship, no relief can be accorded in favour of the petitioner. The writ petition sans merit and is, accordingly, dismissed.