Patna High Court
Guriya Kumari vs Indian Oil Corporation Limited on 14 May, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.219 of 2022
In
Civil Writ Jurisdiction Case No.23654 of 2019
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Guriya Kumari W/o- Chandan Kumar Ram, R/o- Village- Kajri Bujurg,
Block- Jandaha, P.S.- Jandaha, District- Vaishali.
... ... Appellant/s
Versus
1. Indian Oil Corporation Limited through its Chairman, J.B. Titto Marg, Sadik
Nagar, New Delhi.
2. The Chairman, Indian Oil Corporation Limited, J.B. Titto Marg, Sadik
Nagar, New Delhi.
3. The Director Marketing, Indian Oil Corporation Limited, G- 9, Ali Yavar
Jung Marg, Bandra (East), Mumbai- 400051.
4. The Chief Area Manager, Begusarai Area Office, Indian Oil Corporation
Limited (M.D.), Indane Area Office, Begusarai, P.O.- Barauni Oil Refinery,
Begusarai, Pin Code- 851114.
5. The Assistant Manager, (LPG-S), Indian Oil Corporation Limited,
Darbhanga.
6. Smt. Rani Kumari wife of Dharmbir Paswan, resident of Mauje Jainagar,
Ward No. 06, P.O. Jainagar, P.S. Jainagar, District Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Siddhartha Prasad, Advocate
Mr. Om Prakash, Advocate
For the Respondent/s (IOCL) : Mr. K.D. Chatterjee, Sr. Advocate
Mr. Amlesh Kumar Verma, Advocate
For Resp. No. 6 : Mr. Neeraj Kumar Gupta, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 14-05-2025
Patna High Court L.P.A No.219 of 2022 dt.14-05-2025
2/6
Re : I.A. No. 1 of 2024
Heard I.A. No. 1 of 2024 filed for condonation of delay
of about 99 days in filing the present LPA No. 219 of 2022.
2. For the reasons stated in the application read with the
affidavit and in the interest in the litigant, delay of about 99 days
in filing the present LPA No. 219 of 2022 is condoned. I.A. No. 1
of 2024 stands allowed.
3. With the consent of the learned counsel for the
respective parties, matter is taken up for final disposal.
4. Appellant - Guriya Kumari is a candidate for LPG
distributorship pursuant to the Advertisement dated 17.06.2017.
She had submitted application on 10.08.2017. She has offered a
land for godown and it is leased out to her for a period of 15 years
from 04.08.2017, the date of execution of registration of lease of
agreement by one Sri. Santosh Chaudhary. In the lease deed dated
04.08.2017
, Clause 1 reads as under :
"1. यह ककि यह ललीज एगलीममट 15 वरर र किके ललए हहोगगा जहो कद्वितलीय पक
किहो इननन्डियन ऑयल किगारपहोरकेशन ललकमटकेन्डि किम्पनली द्विगारगा कवतरकि
कनययकक्ति किके कदिन सके चगाललू हहोगगा तथगा 15 वरर र तकि चलकेगगा।"
This is contrary to Clause 4 of the Advertisement.
Resultantly, appellant proceeded to rectify the lease deed on
14.05.2019 insofar as rectifying Clause 1 of the lease deed dated
Patna High Court L.P.A No.219 of 2022 dt.14-05-2025
04.08.2017 on 14.05.2019. In this backdrop, the respondents -
Indian Oil Corporation Limited (in short 'Corporation') rejected
her application to participate in the process of selection of LPG
distributorship at the cited location. Feeling aggrieved by the
decision of the respondent - Corporation, appellant invoked
remedy in filing writ petition and it was numbered as CWJC No.
23654 of 2019 and it was dismissed on 24.12.2021, resultantly,
present LPA No. 219 of 2022 is presented.
5. Learned counsel for the appellant submitted that
rectification of deed dated 14.05.2019 relates back to 04.08.2017,
the same has not been appreciated by the learned Single Judge. In
support of the aforementioned contentions, learned counsel for the
appellant relied on two decisions namely Meena Jaiswal vs.
Indian Oil Corporation Ltd. in Writ - C No. - 12304 of 2021 of
the Allahabad High Court and Mrs. Sannjana R. Amberkar vs.
Union of India and another in Writ Petition No. 39672 of 2014
(GM-RES) of the Karnataka High Court. The aforementioned
decisions is in respect of rectification of lease deed is permissible
even after last date of submission of application. In the present
case, last date of submission of application being 14.08.2017 and
rectification has been undertaken by the appellant on 14.05.2019
insofar as lease deed dated 04.08.2017. To this extent, the learned
Patna High Court L.P.A No.219 of 2022 dt.14-05-2025
Single Judge has committed error, therefore, order of the learned
Single Judge dated 24.12.2021 is liable to be set aside while
allowing CWJC No. 23654 of 2019.
6. Per contra, learned counsel for the respondent -
Corporation submitted that rectification deed cannot result in
extension of last date of submission of application. In the present
case, last date of submission of application is being 14.08.2017,
whereas the rectification deed is 14.05.2019 in respect of lease
deed dated 04.08.2017.
7. In support of the aforementioned contention, learned
counsel for the respondents relied on the Hon'ble Supreme Court's
decision passed in Civil Appeal No. 6119 of 2021 arising out of
SLP (C) No. 36767 of 2016 in the case of Anapurna Jaiswal vs.
Indian Oil Corporation Ltd and Others. It is submitted that
identical Clause has been interpreted by the Hon'ble Supreme
Court to the extent that rectification cannot extend last date of
submission of application.
8. Heard learned counsels for the respective parties.
9. Appellant was a candidate for selection to the
dealership of the LPG. She had filed application on 10.08.2017
while furnishing lease deed of a piece of land for the purpose of
godown dated 04.08.2017. We have noticed that there is an error in
Patna High Court L.P.A No.219 of 2022 dt.14-05-2025
Clause 1 of the lease deed dated 04.08.2017. In order to overcome
Clause 1, appellant proceeded to rectify the same by means of
rectification deed on 14.05.2019 to contend that it will be effective
from 04.08.2017. Such logic cannot be acceptable in the present
case for the reasons that indirectly we are modifying the Clauses
imposed in the Advertisement, in particularly, fixation of last date
of submission of application. In other words, the object of fixing
of the last date of submission of application is to see that candidate
must fulfill all the relevant criteria for the purpose of participating
in the process of selection of LPG distributorship. The same has
been taken note of by the Hon'ble Supreme Court in the case of
Anapurna Jaiswal cited supra.
10. Having regard to the Hon'ble Supreme Court
decision and the fact that judicial forum cannot extend the last date
of submission of application and it is a policy decision of the
Corporation and there is object behind fixing the last date of
submission of application, the appellant's grievance is to the extent
that the last date of submission of application in the light of lease
deed dated 04.08.2017 read with 14.05.2019, therefore, cited
decisions on behalf of the appellant in the cases of Meena Jaiswal
and Mrs. Sannjana R. Amberkar (cited supra) are not assisting
the appellant. In the light of these facts and circumstances, the
Patna High Court L.P.A No.219 of 2022 dt.14-05-2025
appellant has not made out a case so as to interfere with the Single
Judge order passed in CWJC No. 23654 of 2019. Accordingly,
LPA No. 219 of 2022 stands dismissed.
10. Pending I.A., if any, stands disposed of.
(P. B. Bajanthri, J)
(S. B. Pd. Singh, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.05.2025
Transmission Date NA
