Research › Search › Judgment

Himachal Pradesh High Court · body

2018 DIGILAW 1632 (HP)

Bhupesh Sharma v. Bharat Petroleum Corporation Limited

2018-09-11

AJAY MOHAN GOEL, SANJAY KAROL

body2018
JUDGMENT : AJAY MOHAN GOEL, J. 1. By way of this writ petition, the petitioner has prayed for the following reliefs: “A. Quash and set aside the letter dated 9.2.2018, Annexure-P5 rejecting the candidature of the petitioner being illegal, arbitrary, biased and unconstitutional; B. Quash and set aside all other consequential acts and deeds including the forfeiture of the amount of deposit of Rs.40,000/- which has been done pursuant to issuance of Annexure-P5; C. Direct the respondents to consider the candidature of the petitioner in terms of letter dated 10.1.2018 Annexure-P4 and issue letter of intent of the petitioner being the successful candidate for allotment of the LPG Distributorship for location Nerua, Tehsil Chopal, District Shimla (H.P.); D. Direct the respondents to produce entire records of this case for the kind perusal of this Hon’ble Court; E. Direct the respondents to pay costs of this litigation; F. Such other and further relief which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case may also kindly be granted in favour of the petitioner and against the respondents.” 2. Case of the petitioner is that respondent-Bharat Petroleum Corporation Limited invited applications for LPG Distributorship (Gramin) at Nerwa, Tehsil Chopal, District Shimla vide advertisement dated 13.08.2017. He applied for the same, as he fulfilled the criteria laid down in the advertisement. Further as per the petitioner, vide Annexure P-4, dated 10.01.2018, he was informed by the respondent-Corporation that he had been declared as successful candidate in the draw of lots, which was conducted on 09.01.2018 for selection of LPG Distributor at the subject location. His grievance is that thereafter vide impugned communication Annexure P-5, dated 09.02.2018, his candidature has been rejected on the ground that the land offered by the petitioner in the course of Field Verification of Credentials (FVC) could not be considered for showroom, as the petitioner has executed a rent agreement on 12.09.2017 for a period of 15 years with Sh. Rajinder Sood, resident of VPO & Tehsil Nerwa, District Shimla against a building measuring 12 X 10 meters instead of registered lease deed for show room for a period of 15 years. As per the petitioner, rejection of his candidature on the ground so mentioned in the impugned letter is arbitrary and not sustainable in the eyes of law, as there is no difference between “rent agreement” and “lease agreement”. As per the petitioner, rejection of his candidature on the ground so mentioned in the impugned letter is arbitrary and not sustainable in the eyes of law, as there is no difference between “rent agreement” and “lease agreement”. It is in this background that the petitioner has filed this petition praying for the reliefs already mentioned hereinabove. 3. In its reply filed by the respondent-Corporation, it has justified its decision by submitting that candidature of the petitioner was rejected as in the course of Field Verification, it was found that land details/documents furnished by the petitioner with regard to LPG show room were incorrect. As per the respondents, the land upon which the LPG show room was proposed to be constructed, was neither owned by the petitioner nor the same was taken by way of a registered lease by him from its owner for a period of 15 years, as was contemplated in Unified Guidelines for Selection of LPG Distributors (Annexure P-2). 4. We have heard the learned counsel for the parties and have also perused the documents appended with the petition. 5. Clause 1 (w) of the definitions of Unified Guidelines for Selection of LPG Distributors reads as under: “1 (w). “Ownership” or “Own” for godown/showroom for SheheriVitrak, RurbanVitrak, GraminVitrak and Durgam Kshetriya Vitrak Type of Distributorship means having: (a) Ownership title of the property. (b) Registered lease deed having minimum 15 yrs of valid lease period commencing on any day from the date of advertisement up to the last date of submission of application as specified either in the advertisement or corrigendum (if any). Additionally, applicants having registered lease deed commencing on any date prior to the date of advertisement will also be considered provided the lease is valid for a minimum period of 15 years from the date of advertisement. The applicant should have ownership as defined under the term 'Own’ above in the name of applicant/member of “Family Unit” (as defined in multiple dealership/distributorship norm of eligibility criteria)/parents (includes Step Father/Step Mother), grandparents (both maternal and paternal), Brother/Sister (including Step Brother & Step Sister), Son/Daughter (including Step Son/Step Daughter), Son-in-law/Daughter-inlaw; of the applicant or the spouse (in case of married applicant) as on last date for submission of application as specified either in the advertisement or corrigendum (if any). In case of ownership/co-ownership by family member (s) as given above, consent in the form of a declaration from the family member (s) will be required.” A perusal of the same demonstrates that ownership for godown/showroom means either having ownership title of the property or a registered lease deed of the land for minimum period of 15 years commencing on any day from the date of advertisement up to last day of submission of the application. 6. Application form filled by the petitioner is on record as Annexure P-3 and documents appended with the same demonstrate that with regard to the land over which a show room was to be constructed, the petitioner had entered into a “rent agreement” dated 12th September, 2017 with one Sh. Rajinder Sood for a period of 15 years. This rent agreement is undisputedly unregistered. 7. Clause 6 of the application form for appointment of LPG Distributors, as filled by the petitioner, reads as under: “6. If you are applying for SheheriVitrak, RurbanVitrak and GraminVitrak, provide the following details of land for Showroom or Ready Built Showroom at the advertised location (owned or leased for minimum 15 years). In case land belongs to member of Family Unit, attach Undertaking as per Appendix-4. Name(s) of the owner of land/showroom or leaseholder Relations hip with applicant Date of registration of sale deed/gift/leas e/date of Address of the location of the land for show room Khasra No. and Survey No. Dimensions # Length in metre Breadth in metre Bhupesh Sharma Self 12.09.2017 VILLAGE AND POST OFFICE NERUA, TEHSIL CHOPAL, DISTRICT SHIMLA, HP. 1335/341 11 10 A perusal of this Clause demonstrates that in Column No. 3 of the same, the date of registration of sale deed/gift/lease with regard to the details of land for showroom or ready built showroom was required to be provided. Contents of this Column are as per the terms of the Unified Brochure, wherein also “Ownership” means either ownership title of the property or a registered lease deed for a minimum period of 15 years, as envisaged therein. 8. Contents of this Column are as per the terms of the Unified Brochure, wherein also “Ownership” means either ownership title of the property or a registered lease deed for a minimum period of 15 years, as envisaged therein. 8. In the present case, when admittedly, no registered lease deed was appended with the application form by the petitioner qua the land over which a show room was to be constructed, then the decision of the respondent-Corporation, rejecting his candidature on the ground that the requirement of land was not satisfied by the petitioner as per the eligibility criteria, as mentioned in Clause-8 (n) of Brochure on Unified Guidelines for Selection of LPG Distributors cannot be faulted with. 9. The relevant portion of the impugned order is quoted hereinbelow: “This is in reference to your application reference No. BPC03101026612092017 for award of Regular LPG distributorship at Nerua, District Shimla, HP. Your application was found to be eligible and you were declared as selected candidate in the process of online draw held at Shimla, Himachal Pradesh on 09.01.2018. As per the procedure, Field Verification of Credentials (FVC) was carried out by a committee of one officer. As per the FVC report, following variance was observed: The land offered cannot considered for showroom as you have executed rent agreement on 12.09.2017 commencing from 12.09.2017 to 11.09.2032 (15 years) with Sh. Rajinder Sood, R/o VPO & Tehsil Nerua, Distt. Shimla against a building measuring 12 X 10 M (open space) at VPO & Tehsil - Nerua, Distt. Shimla instead of registered lease deed for show room for a period of 15 years. (Reference clause no. 5.2.3 of Unified Guidelines for LPG Distributorship 2016). Hence, the requirement of land is not satisfied as per the eligibility criteria for applicants as mentioned in clause no. 8 (n) of Brochure on Unified Guidelines for selection of LPG distributors. Shimla instead of registered lease deed for show room for a period of 15 years. (Reference clause no. 5.2.3 of Unified Guidelines for LPG Distributorship 2016). Hence, the requirement of land is not satisfied as per the eligibility criteria for applicants as mentioned in clause no. 8 (n) of Brochure on Unified Guidelines for selection of LPG distributors. The same is reproduced below: The applicant should 'Own’ a suitable shop for Showroom of minimum size 3 metre by 4.5 mete in outer dimension or a plot of land for construction of showroom of mIn view of the above, your candidature stands rejected and the amount of Rs.40000/- deposited with the Corinimum size 3 metre by 4.5 metre as on the last date for submission of application as specified either in the advertisement or corrigendum (if any) at the advertised location i.e. within the municipal/town/village limits of the place which is mentioned under the column of 'location’ in the advertisement. The term 'own’ has been defined in clause no. 1 (w) of Brochure on Unified Guidelines for selection of LPG distributors. The same is reproduced below: (a) Ownership title of the property. (b) Registered lease deed having minimum 15 yrs of valid lease period commencing on any day from the date of advertisement up to the last date of submission of application as specified either in the advertisement or corrigendum (if any). In view of the above, your candidature stands rejected and the amount of Rs.40000/- deposited with the Corporation stands forfeited in line with clause No. 26 (a) & 26 (b) of the Brochure on Unified Guidelines for selection of LPG distributors.” 10. It is not the case of the petitioner that the contents of impugned order are not in consonance with the provisions of the Brochure on Unified Guidelines for Selection on LPG Distributors. For our satisfaction, we have alongwith learned counsel for the petitioner, gone through the provisions of the Brochure and the same expressely envisages that for the purpose of showroom, either the land has to be owned by the applicant or there has to be a registered lease deed minimum for a period of 15 years in his favour. The contention of the learned counsel for the petitioner that there is no difference between “a rent agreement” and “a lease deed”, in our considered view, has no force. The contention of the learned counsel for the petitioner that there is no difference between “a rent agreement” and “a lease deed”, in our considered view, has no force. When the Brochure expressly contemplates that the land over which the showroom has to be constructed, should either be owned, as provided in the Brochure or should be on lease with the applicant for a minimum period of 15 years by way of a registered lease deed, then, it is incumbent upon an applicant to fulfill the said conditions. Any violation thereof, will render an applicant ineligible. Incidentally, there is no challenge in the petition to the Clauses of the Brochure. 11. We further hold that simply because the petitioner was intimated at one stage by the respondent-Corporation that in the draw of lots, he stood declared as a successful candidate, did not confer upon him an indefeasible right for being awarded the LPG distributorship, because as per the terms of the Brochure, the grant of dealership was inter alia dependent upon the field inspection, as envisaged in the Brochure. 12. In view of the findings returned hereinabove, as we do not find any merit in the present petition, the same is accordingly dismissed. No order as to costs.