Patna High Court
Pooja Kumari vs The Hindustan Petroleum ... on 20 March, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1477 of 2018
In
Civil Writ Jurisdiction Case No.14545 of 2018
======================================================
Pooja Kumari, D/o Phuleshwar Singh, Resident of -At-P.O.-Sisauni
Afzalabali, P.S.-Biraul, District-Darbhanga.
... ... Appellant/s
Versus
1. The Hindustan Petroleum Corporation Limited having its registered office at
17, Jamshedjee Tata Road, Mumbai
2. The Regional Manager, Eastern Region, Hindustan Petroleum Co. Ltd.,
having its Office at Purnea. L.P.G. Regional Office, H.P.C.L. Industrial
Groath Centre, Maranga, Purnea
3. Deputy General Manager, H.P.C.L., Industrial Growth Center, Maranga,
Purnea.
4. The Area Marketing Manager, H.P.C.L., Purnea L.P.G. Regional Office,
H.P.C.L., Industrial Groath Centre, Maranga, Purnea
5. The Regional Coordinator, Eastern Regional Office, H.P.C.L.,Purnea Having
its Office at-L.P.G. Regional Groath Centre, Maranga, Purnea
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sanjay Singh, Sr. Advocate
Mr. Neeraj Kumar Singh, Advocate
Mr. Amlesh Verma, Advocate
For the Respondent/s : Mr. Neeraj Kumar Gupta, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 20-03-2023
In the instant L.P.A., appellant has assailed the order of
the learned Single Judge dated 02.08.2018 passed in CWJC No.
14545 of 2018.
2. Respondent- Hindustan Petroleum Corporation
Limited (for short 'H.P.C.L') issued Advertisement for
Patna High Court L.P.A No.1477 of 2018 dt.20-03-2023
appointment of LPG distributorship under RGGLV on
17.06.2017. The appellant, who was one of the prospective
candidate for appointment of LPG distributorship, presented
application for the location Sahasram at Darbhanga on
09.10.2017. Her candidature was rejected on the score that she
did not fulfill the conditions stipulated in the Brochure on
Unified Guidelines for selection of LPG distributors for June,
2017.
3. The appellant was fulfilling the portion of the
conditions in the Clause-8(j) to the extent that she had
prescribed size of the land and other things except that such land
was not registered one and it was a lease agreement. On this
issue, the claim of the appellant for appointment of LPG
distributor was rejected. Thereafter, it is learnt that HPCL
offered has to furnish any other plot or land and it is learnt that
the appellant had produced material. However, it was registered
beyond the last date i.e. after 17.07.2017. In this backdrop, the
appellant filed CWJC No. 14545 of 2018, questioning the
impugned action of the HPCL and it was rejected by the learned
Single Judge vide order dated 02.08.2018. Hence, the present
LPA.
4. Learned counsel for the appellant vehemently
Patna High Court L.P.A No.1477 of 2018 dt.20-03-2023
contended that rejection of appellant's appointment for LPG
distributorship is too technical. The appellant fulfills the criteria
laid down in Para-8(j) to the guidelines. Except on the trivial
issue to the extent that land possessed by the appellant was not
registered one. Therefore, such a trivial issue could be condoned
while appointing the appellant as a LPG distributor.
5. Per contra, learned counsel for the respondent resisted
the aforesaid contention and submitted that there is no infirmity
in the order of the learned Single Judge. It is further submitted
that guidelines for selection of LPG distributor was well aware
to the appellant and the conditions imposed in the guidelines
cannot be relaxed since there is no provision for relaxation of
any condition. Therefore, the LPA is liable to be dismissed.
6. Heard the learned counsel for the respective parties.
7. Undisputed facts are that the appellant was a candidate
for appointment of LPG distributorship pursuant to the
Advertisement dated 17.06.2017. Core issue involved in the
present lis is whether the appellant fulfills the conditions
stipulated in Paragraphs-1(w) and 8(j). Paragraphs-1(w) and 8(j)
of the guidelines read as under:-
"1(w) "Ownership" or "Own" for godown
/showroom for Shehari Vitrak, Rurban Vitra, Gramin
Vitrak and Durgam Kshetriya Vitrak Type of
Distributorship means having:
a. Ownership title of the property
Patna High Court L.P.A No.1477 of 2018 dt.20-03-2023
or
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 eligibitily 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 in-law 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.
In case the share of land in the jointly owned
property by the applicant/member of 'Family unit' as
defined in multiple dealership / distributorship
norm)/parents & grandparents (both maternal and
paternal) of the applicant or the spouse with any
other person(s) meets the requirement of land
including the dimensions required, then that land for
godown/showroom should qualify for eligibility as
'own' land subject to submission of 'No Oejection
Certificate' in the form of declaration from other
owner(s).
(Under line supplied)
8(j). Showroom (Applicable only for Shehari Vitrak,
Rurban Vitrak and Gramin Vitrak locations and not
for Durgam Kshetriya Vitrak)
The applicant should 'Own' a suitable shop for
Showroom of minimum size 3 metre by 4.5 metre in
outer dimension or a plot of land for construction of
Patna High Court L.P.A No.1477 of 2018 dt.20-03-2023
showroom of minimum 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.
In case locality is also specified under the column of
'location' in the advertisement, the candidate should
own a suitable shop of minimum size 3 metre by 4.5
metre in outer dimension or a plot of land for
construction of showroom of minimum 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) as per the standard layout in
the said 'locality'. It should be easily accessible to
general public through a suitable approach road.
in case an applicant has more than one shop of
minimum size 3 metre by 4.5 metre in outer
dimension or a plot of land for construction of
showroom of minimum size 3 metre x 45 metre as on
the last date for submission of application as
specified either in the advertisement or corrigendum
(if any) at the advertised location or locality as
specified under the column of 'location' in the
advertisement, the details of the same can also be
provided in the application.
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-in-law of
the applicant or the spouse (in case 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.
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
Patna High Court L.P.A No.1477 of 2018 dt.20-03-2023
advertisement.
The same piece of land for showroom cannot be
offered by more than one applicant for a particular
location against the advertisement. In case it is
found at any stage that the same piece of land for
showroom has been offered by more than one
applicant for the same location of the advertisement,
then all such applications would be rejected or if
selection has been done, then the same would be
cancelled.
Opportunity to offer alternate land for Godown
and/or showroom.
In case if the offered land for Godown and/or offered
land for showroom by the selected candidate which
is shown in the application is found not meeting the
eligibility conditions/ requirements as stipulated in
the advertisement/brochure/ application at the
verification (FVC) stage, then the selected candidate
can offer an alternate land which is owned by the
applicant/member of the 'Family Unit'/ 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 in-law of the applicant or the spouse
(in the case of married applicant) as on the last date
for submission of application as specified either in
the advertisement or corrigendum if any.
Selected candidate, who has been issued an Letter Of
Intent (LOI) can offer an alternate land which is
owned by the applicant/member of the 'Family Unit'/
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 in law of the
applicant or the spouse (in the case of married
applicant) for construction of Godown/Showroom, in
the advertised location provided the land originally
offered in the application was meeting all the
specifications as laid down in the advertisement and
on the basis of which LOI is issued."
(Under line supplied)
8. Having regard to the conditions stipulated and the
Patna High Court L.P.A No.1477 of 2018 dt.20-03-2023
appellant had not fulfilled the aforementioned conditions.
Therefore, Writ Court cannot relax conditions. It is a policy
decision of the HPCL and the Court cannot alter the conditions
stipulated therein. Policy is entirely vested with the HPCL in the
present matter, therefore, the appellant has not made out a prima
facie case, so as to interfere with the order of the learned Single
Judge and so also the decision of the HPCL.
9. Accordingly, the L.P.A. stands dismissed.
(P. B. Bajanthri, J)
( Arun Kumar Jha, J)
Balmukund/-
Ashish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.03.2023
Transmission Date NA
