Chattisgarh High Court
Xrist Amarsilla Ekka vs Indian Oil Corporation Limited on 8 January, 2024
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Reserved for Order on : 02.11.2023
Order Passed on : 08/01/2024
WPC No. 773 of 2018
1- Xrist Amarsilla Ekka, D/o. Shri Eliyas Ekka, Aged About 23
Years, Q. No. 568, Purvi Nepal Gate, Churcha Collery, District
Koriya Chhattisgarh.
---- Petitioner
Versus
1- Indian Oil Corporation Limited, Indian Oil Bhawan G-9 , Ali
Yavar Marg Bandra ( East ) Mumbai - 400051 , ( M S ), District :
Mumbai, Maharashtra
2- Chief Area Manager, Indian Oil Corporation Limited, Raipur
Area Office, V I P Road, Post Office Ravigram, Telibandha,
Raipur Chhattisgarh.
3- Shri Sudipt Mohan Das Gupta, Working As Chief Area
Manager, Indian Oil Corporation Limited, Raipur Area Office, V I P
Road, Post Office Ravigram Telibandha, Raipur Chhattisgarh.
4- Shri Paras Bhagariya, Working As Deputy Area Manager ,
Indian Oil Corporation Limited, Raipur Area Office, V I P Road,
Post Office Ravigram Telibandha, Raipur Chhattisgarh.
5- Shri Rohit Anand Kujur, S/o Balacious Kujur, C/o Indian Oil
Corporation Limited , Raipur Area Office , V I P Road Post Office
Ravigram Telibandha Raipur Chhattisgarh.
---- Respondents
For Petitioner : Mr. Pranjal Shukla, Advocate For Respondents : Mr. Anand Shukla, Advocate Hon'ble Shri Justice Parth Prateem Sahu C A V ORDER
1. Respondent - Public Sector Oil Corporation Companies 2 issued an advertisement for appointment of dealers of the Liquified Petroleum Gas (hereinafter referred "LPG") in rural inaccessible areas of Chhattisgarh mentioning the location and specifically mentioning that before submitting their application 'Form', applicant shall peruse the brochure. Pursuant to the advertisement issued by respondents, petitioner also submitted his application for location Ambikapur (Darripara, Manipur) Shehari and Rurban Area under ST category. During the process of consideration of application for award of LPG distributorship at the location mentioned above, candidature of petitioner was rejected and it is informed vide letter dated 05.02.2018 (Annexure P- 1 ) for the reasons that "(i) the land mentioned in application bearing Kh.No.193/0239 for godown and showroom was not offered for verification. (ii) the alternate land offered for Godown (Kh.No.1042/1) and for showroom (Kh.No.3460/6/1) is not having registered sale deed or registered lease deed in the name of family unit as on the last date of submission of application as specified in the advertisement.". Aggrieved with the rejection of candidature, petitioner has filed this writ petition seeking following relief
(s) :-
"i. To kindly quash the order vide No.RPAO/AMBIKAPUR/17-18 dated 05.02.2018 (Annexure P/1) issued by the respondent No.2. 3 ii. To kindly direct the respondent Corporation to consider the petitioner for appointment as LPG dealer in location Ambikapur (Darripara, Manipur) by providing reasonable time to provide alternate land documents.
iii. To kindly quash the fresh draw issued in favour of the respondent No.5 and kindly restrain the Corporation to appointment as LPG dealer in location Ambikapur (Darripara, Manipur). Iv. Any other order that may be deemed fit and just in the facts and circumstances of the case may also kindly be made including award of the cost in favour of the petitioner and against the respondents."
2. Learned counsel for petitioner submits that order impugned (Annexure P-1) is per-se illegal, arbitrary and also against the provisions of natural justice. Application/nomination of petitioner was earlier considered, his name was finalised for allotment of distributorship of LPG gas, all the documents with regard to construction of go-down and showroom was called from petitioner and only thereafter as per their direction, petitioner deposited Rs.30,000/- but thereafter without giving any opportunity of hearing, petitioner's candidature was rejected and also forfeited the amount of Rs.30,000/-. It is contended that after getting information that Field Verification Committee (FVC) has not found fit the land offered by the petitioner for showroom and godown 4 and was asked to provide alternate lands for showroom and godown, petitioner requested for more time to provide land documents. Petitioner again requested the respondents authorities to provide 15 more days time as he has to obtain documents from the Registry office but the request made by petitioner was not acceded to. It is contended that in order to submit land documents within time, petitioner also submitted an affidavit of her close relative that she is ready to provide land situated at PH no. 154, area 0.142 hectares at Manipur, Tehsil Ambikapur. Petitioner made representation/ compliant regarding illegal demand of bribe to clear her file for allotment of LPG dealership but no action was taken on her complaint.
3. He contended that petitioner submitted a rent agreement and agreement to sale, however, it was not considered only because it was not registered and subsequently, the petitioner has submitted the registered documents. Petitioner is still ready and willing to get the registered sale deed of alternate land in the event she being allotted the letter of intent. The guidelines issued for allotment of LPG distributorship is only directory in nature and it is not mentioned that the clauses mentioned in the guidelines are mandatory and therefore, petitioner ought to have granted opportunity to provide an alternate land. It is further contended that the forfeiture of amount deposited by 5 petitioner is made under Clause 26 (b) of the Unified Guidelines for Selection of LPG Distributors, Sheheri Vitrak, Rurban Vitrak, Gramin Vitrak And Durgam Kshetriya Vitrak, June, 2017 (Hereinafter referred to as 'the Guidelines, 2017') that would apply only in the event, petitioner furnishes any false information. Petitioner has not furnished or supplied any false information, there is no misrepresentation and therefore, forfeiture of amount deposited is also bad-in-law.
4. Mr. Anand Shukla, counsel for respondents vehemently opposes the submission of learned counsel for petitioner and would submit that LPG distributorship is to be awarded in accordance with the clauses provided under the Guidelines, 2017, which was also specifically mentioned in the advertisement. Petitioner submitted an application for specified location "Ambikapur (Darripara, Manipur), Block Sarguja District Sarguja under ST category as per advertisement dated 14.08.2017. The land mentioned in the application bearing Kh. No.193/0239 for godown and showroom was not offerred for verification and the alternate land offerred for godown (Kh. No.1042/1) and for showroom (Kh.No.3460/6/1) is not having registered sale deed or registered lease deed in the name of applicant or the family unit as on the last date of submission of application as specified in the advertisement. For the said reason, 6 petitioner failed to meet out the requirement as specified under Clause 8(A) (i) & (j) of the common eligibility criteria specified in the Guidelines, 2017. Clause 8 (A) (i) specifically mentioned that applicant should 'Own' a plot of land of capacity, minimum dimensions located as specified for construction of LPG godown or 'Own' a ready LPG cylinder storage godown as on the last date of submission of application as specified either in the advertisement or corrigendum (if any). Clause 8 (A) (j) states that 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 showroom of minimum size 3 meter by 4.5 metre as on the last date for submission of application as specified either in the advertisement or corrigendum (if any). Field Verification of Credential (In short 'FVC') Committee asked petitioner to offer alternate land for showroom in accordance with Clause -18 (b) of the Guidelines, 2017. The aforementioned clause specifically provides for alternate land should be registered on or before the last date of submission of application as specified in the advertisement. The date of advertisement of location was 14.08.2017 and the last date for submission of application for the location was 15.09.2017. The alternate land offered by petitioner for godown bearing Kh. No.1042/1 and for showroom bearing Kh. No. 3460/6/1 were not registered in 7 the name of applicant or in the name of family unit as per Clause 18(b) of the Guidelines, 2017. Respondent No.1 is a Government of India undertaking and its functioning under the administrative control of the Union Government, Ministry of Petroleum and Natural Gas. He also contended that petitioner submitted her application through online portal for allotment of LPG distributorship at the location as mentioned above. Application of petitioner is not verified prior to draw of lots since no procedure is defined in the brochure of Guidelines, 2017. Draw of lots was conducted on 05.12.2017 and after petitioner becoming successful candidate in the draw of lots, as per guidelines, petitioner was asked to deposit an amount of Rs.30,000/- applicable to subject advertised location within specified time and further requested to submit all the documents and information submitted by petitioner online for its verification. It is contended that as the land mentioned in the application bearing Kh. No.193/0239 at Darripara for both godown and showroom was not offered for verification to the FVC Committee and petitioner denied to offer the land for verification, which implies that claim of land for showroom and godown by petitioner in the application was incorrect/false which is liable to be rejected in terms of Clause 26 (a) of the Guideline, 2017. It is contended that petitioner was provided with proper opportunity vide letter 8 dated 31.12.2017 to submit documents of alternate land for showroom and godown. As per Guidelines, 2017, the alternate land for godown/showroom should have date of registration of sale/registered lease deed on or before the last date for submission of application. It is contended that vide letter dated 31.12.2017 petitioner offered alternate land for godown vide Kh.No.1042/1 claiming it to be notarized deed dated 14.09.2017 stating that due to some unavoidable circumstances the registered sale deed could not be done prior to cut off date for submission of application. The FVC Committee found that alternate land for godown is not having registered sale deed or registered lease deed within the last date as specified in the advertisement. She also offered alternate land for showroom bearing Kh. No.3460/6/1 claiming it to be registered lease deed dated 20.12.2017. The FVC Committee did not find that alternate land offered for showroom registered in the name of family unit nor having registered sale deed within the last date for submission of application i.e. 15.09.2017. It is contended that in order to give fair opportunity to petitioner, FVC Committee vide e- mail dated 16.01.2018 again asked petitioner for providing details of any other land for showroom and godown which petitioner has not earlier offered. Thereafter, again vide e- mail dated 24.01.2018 FVC Committee again advised 9 petitioner to submit documents, if any, latest by 29.01.2018 but petitioner failed to submit the same and only tried to delay the matter by seeking more time again and again. It is contended that candidature of petitioner has to be determined on the date of application, various clauses of the policy and according to the term and conditions of advertisement. It is contended that petitioner at the time of submitting application form was fully aware about the advertised location and was also having knowledge that she was not having a land in the advertised location and offered the land outside the advertised location and misrepresented. Clause 26 (b) of the Guidelines, 2017 clearly mentioned that in case the candidature of applicant is rejected, after FVC or after issuance of LOI but before issuance of letter of appointment, then amount deposited by applicant is to be forfeited. The amount mentioned to be forfeited is 10% of the applicable security deposit. The amount of Rs.30,000/- deposited by petitioner is 10% of the applicable security and not the entire security amount.
5. I have heard learned counsel for parties and also perused the documents placed on record.
6. Advertisement issued by respondents is placed on record as Annexure P-2. The location, subject matter of writ petition is mentioned at Sr. No.5 in the advertisement under 10 Shehari Vitarak, which is for the Indian Oil Corporation Oil Company for location Ambikapur (Darripara, Manipur) for ST category. Guidelines, 2017 for selection of LPG distributors is also enclosed along with writ petition as Annexure P-3. The heading of guidelines reads as "Brochure On Unified Guidelines for Selection of LPG Distributors, Sheheri Vitrak, Rurban Vitrak, Gramin Vitrak and Durgam Kshetriya Vitrak" (hereinafter referred to as the "LPG Distributors" and "LPG Distributorships' as the case may be) of liquified petroleum gas (LPG) will be applicable to all locations. Under Clause 1, definition is provided in which under Clause 1 (c) (i) Shehari Vitrak is defined which reads as under:-
"i. Sheheri Vitrak: In this document, the word 'Urban Area' will have the definition of 'Urban' as per census 2011. LPG distributorship located in 'Urban Area (U)' will service the LPG Customers located within the Municipal Limits of the Metro city/City/Town and will be called Sheheri Vitrak."
7. Under Clause-1 (r) Field Verification of Credentials (FVC) is defined which reads as under :-
"r. Field Verification of Credentials (FVC) :
In this document Field Verification of Credentials means verification of details by a committee of OMC officials for verification of the details provided by the applicant and to check suitability of the land offered by the candidate for Godown 11 and showroom (as applicable)."
8. Clause 1(w) defines 'Ownership' or 'Own' which is also extracted below for ready reference :-
"w. "Ownership" or "own" for godown/ showroom for sheheri Vitrak, Rurban Vitrak, Gramin Vitrak and Durgam Kshetriya Vitrak Type of Distributorship means having :
a. Ownership title of the property
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 eligibility critical) /parents (includes Step Father/ Step Mother), grandparents (both maternal and paternal), Brother/sister Including Step Brother and 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 12 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 case the share of land in the jointly owned property by the applicant /member of 'Famnily 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 Objection Certificate' in the form of declaration from other owner(s)."
9. Mode of selection of applicant is mentioned in Clause -7 of the Guidelines, 2017. Clause 7 (b) is relevant which is also extracted below for ready reference :-
7.b. All applicants for the locations falling under "Sheheri Vitrak" or "Rurban Vitrak" or "Gramin Vitrak" or Durgam Kshetriya Vitrak shall submit their application by registering on the web based portal www.lpgvitrakchayan.in and submitting their application form online, along with request nontransferable nonrefundable application fee (submitted through online transfer of money). The selection for these types of LPG Distributorship will be done by conducting draw of lots from amongst all the eligible applicants for the location.".13
10. Clause 8 deals with eligibility criteria for applicant. Clause 8 A deals with common eligibility criteria. Clause 8 A (j) deals with showroom, which mentions that applicant should 'Own' a suitable shop for showroom of the specified size mentioned therein. At the advertised location i.e. within municipal/town /village limits of the places which is mentioned under column of 'location' in the advertisement. The applicant should have ownership as defined under the term 'Own' above in the name of applicant/ member of 'Family Unit' and it further provides that 'applicant having registered sale deed commencing on any date prior to the date of advertisement will also be considered provided that lease is valid for a minimum period of 15 years from the date of advertisement'. Under Clause 8A (j) it also provides for "opportunity to offer alternate land for Godown and /or showroom". In case candidates shown in the application is not found 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 applicant/member of 'Family Unit'/parents as on the last date for submission of application as specified either in the advertisement or corrigendum.
11. Perusal of Annexure P-1 would show that candidature of petitioner was rejected on two counts as mentioned above. 14 Petitioner while submitting application onlie for appointment of LPG distributorship for location at Ambikapur (Darripara, Manipur) provided the details of land for Showroom as Kh. No.193/0239. Perusal of the document Annexure R-1/3 annexed along with reply would show that when verification of the land was conducted by the FVC, petitioner denied to give the land mentioned in the application for construction of showroom. However, FVC Committee requested the petitioner to offer alternate land for showroom at advertised location. Annexure R-1/4 and R-1/5 dated 31.12.2017 are the request letters submitted by petitioner offering land bearing Kh.No. 1042/1 for godown and land bearing Kh. No.3460/6/1 for showroom mentioning that she has undergone notary deed dated 14.09.2017 and 24.08.2017 and due to some unavoidable circumstances registered lease deed could not be executed on or before the last date of submission of application.
12. Petitioner along with writ petition at Page No.63 has filed registered rent agreement of the land bearing Kh. No.3460/6 situated at Jail Chowk Darripara -Babupara and at Page 82 registered agreement to sale of land bearing Kh.No. 1042/1 situated at Village Khaliba, P.C. NO.1, R.I.C Circle Ambikapur 2, Tahsil - Ambikapur, District - Sarguja of. Date of registration aforesaid documents are shown to be 20.12.2017 & 11.12.2017 respectively. The 15 advertisement was issued on 14.08.2017. Under the definition of 'Ownership' or 'Own' as provided under the Guidelines, 2017 under Clause 1(w), mentions registered lease deed having minimum 15 years 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. The last date for submission of application as mentioned in the advertisement is 15.09.2017. Further perusal of the copy of the registered rent agreement and agreement to sale of the land bearing Kh. No.3460/6 and bearing Kh. No.1042/1 are dated 20.12.2017 & 11.12.2017 which is after cutoff date of submission of application and that too are not the registered sale deed, therefore, I do not find any error in rejection of candidature of petitioner for want of requisite documents within cutoff date.
13. So far as the second relief sought for by petitioner of the refund of the amount of Rs.30,000/- deposited with the respondents towards security deposit is concerned, Clause 17 of the Guidelines, 2017 talks of documents and amount to be submitted by selected candidates before FVC. It clearly mentions that successful candidate in the draw of lots, will be required to submit an amount equivalent to 10% of the security deposit within 7 working days from the date of intimation. 10% of the security deposit is also specified 16 therein for SHeheri Vitrak/Rurban Vitrak Rs.50,000/- for open category, Rs.40,000/- for OBC category, Rs.30,000/- for SC ST category. It also clarifies that upon intimation of selection, candidates shall submit payment of 10% of the security deposit as per table given and the also the required documents within 7 days of intimation. It further mentions that on fulfilling the above, FVC shall be conducted. The candidate is required to present while the FVC is conducted by the assigned officer. From the language used under Clause 17 it is clear that deposit of Rs.30,000/- is security amount to be deposited. After deposit of the security, documents of the land is also to be submitted and only after fulfillment of above conditions, FVC is to be conducted in presence of the candidate. The documents which is required to be submitted is also mentioned therein. Clause - 22 talks of security deposit and in the table it is specified that for the Shehari Vitrak open category Rs.5.00 lakhs, OBC category Rs.4.00 lakhs and for SC ST category Rs.3.00 lakhs and under Clause 22 (b) it further mentions that security deposit of 10% applicable for respective type/category of LPG distributorship collected from the selected candidates prior to issuance of LOI will be adjusted against the above security deposit as applicable.
14. Clause 26-B of the Guidelines, 2017 talks of forfeiture of 10% of security deposit which reads as under :- 17
"26 (b). In case the selection of the candidate is rejected after the FVC or after issuance of LOI but before issue of Letter of Appointment, then the amount deposited by the selected candidate before the FVC is conducted i.e. 10% of the applicable security deposit will be forfeited."
15. Though in the heading of Clause 26 of the Guidelines, 2017, it is is mentioned as 'Furnishing of False Information', however, Clause (b) talks of forfeiture on account of rejection of candidature after FVC or the other contingency mentioned therein. It is not in dispute that the candidature of petitioner is rejected after FVC as he failed to provide alternate land for showroom and therefore, in the opinion of this Court Clause 26 (b) is attracted and the respondents have not committed any error in forfeiting the amount of Rs.40,000/- of security deposit as deposited by petitioner in the process of consideration of his candidature.
16. For the forgoing discussions made here-in above, I do not find any merit in this petition, accordingly it is liable to be and it is hereby dismissed.
Sd/-
(Parth Prateem Sahu) Judge Balram