Calcutta High Court (Appellete Side)
Sd Subhankar Pati vs Union Of India & Ors on 11 January, 2019
Author: Amrita Sinha
Bench: Amrita Sinha
1
11.01.2019 W.P. No. 20029 (W) of 2018
sd Subhankar Pati vs. Union of India & Ors.
Ct 24.
Mr. R. Bhattacharjee
Mr. S. Bhattacharjee ..For the petitioner.
None appears for the respondents inspite of service.
Affidavit of service filed in court today be kept on record.
An Advertisement was published in the local newspaper on 31st August 2017for issuance of LPG- Distributorship. Pursuant to the said advertisement, the petitioner applied for the same. The petitioner was called on for online computerized draw of lots for selection of LPG Distributorship at the subject location. He had been requested to be present personally along with photo identity card for the online computerized draw of lots.
Vide letter dated 6th June 2018 the petitioner was informed that he became successful in the draw of lots for selection of LPG Distributorship at the subject location. Vide another letter dated 23rd June 2018 the petitioner was requested to provide any alternative show room land as per applicable eligibility criteria mentioned in the brochure. The said land/plot must be registered on or before 26th September 2017 by a valid deed. As per the said request the petitioner submitted the deed in respect of the land in 2 question.
Vide letter dated 5th September 2018 the petitioner was informed that since the date of lease deed in respect of the land in question was after the final date of submission of application, the Field Verification Credential Committee has rejected the alternative land of the petitioner.
Challenging the impugned letter dated 5th September 2018, the petitioner filed the instant writ application. The respondent authorities vide another letter dated 10th December 2018 afforded one more opportunity to the petitioner to offer an alternative land for godown/show room provided the same meets the 'ownership' norm as defined in the applicable brochure. Pursuant to the same, the petitioner vide his letter dated 18th December 2018 forwarded the relevant documents in support of the land which he proposes for the showroom. The said application annexing documents is yet to be considered by the respondent authorities.
It has been submitted by the petitioner that the respondent authorities are taking steps for issuance of fresh LPG Distributorship in the said location without disposing of the application which is pending since December 2018.
In view of the above submission the instant writ petition is disposed of directing the Deputy General Manager, 3 Indian Oil Corporation being the respondent no. 2 herein to consider the application that has been forwarded by the petitioner on 18th December 2018 in response to their letter dated 10th December 2018 within a period of four weeks from the date of communication of this order after giving an opportunity of hearing to the petitioner. The respondent authority shall pass a reasoned order and communicate the same to the petitioner within a fortnight thereafter. Till such time a decision is taken by the said respondent and communicated to the petitioner, the grant of Distributorship in respect of the location in question shall be remain stayed.
A copy of the letter dated 10th December, 2018 issued by the Senior Area Manager, Indian Oil Corporation Limited and the application made by the petitioner pursuant thereto on 18th December, 2018 produced by the petitioner in Court today is retained with the record.
WP no. 20029 (W) of 2018 is disposed of accordingly.
Urgent photostat certified copy of this order be given to the parties, if applied for.
( Amrita Sinha, J. )