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M/S. Satya and Company and Others Vs. Indian Oil Corporation Limited and Another - Court Judgment

LegalCrystal Citation
CourtHimachal Pradesh High Court
Decided On
Case NumberCWP No. 9682 of 2012-I
Judge
AppellantM/S. Satya and Company and Others
RespondentIndian Oil Corporation Limited and Another
Excerpt:
.....noticing that the petitioners have furnished the incorrect information, as such, allotment of ndne retailership in their favour, was cancelled. therefore, after issuance of notice (annexure p-18) dated 25.09.2012 to the petitioners, the chief area manager has rejected the candidature of the petitioners for allotment of ndne retailership at una, district una. learned counsel for the petitioners has endeavoured to controvert the said notice by way of affidavit but in our considered view, the efforts are futile. therefore, we do not find any illegality and ambiguity in the decision taken on 25.09.2012 by the respondents, which has been taken on the deficiencies found mentioned in the application of the petitioners for procuring the ndne retailership. as such, we find no merit in the.....
Judgment:

1. Heard counsel for the parties.

2. It appears that an advertisement was issued on 07.10.2011 for Non Domestic and Non Exempted (in short NDNE) LPG Retailership in District Una. The application forms for retailership could have been obtained either from the Indian Oil area office, mentioned in the advertisement or the application format could also be downloaded from the website indicated in Clause-9 of the guidelines. It also appears that in para-11 (Annexure-10), it has specifically been provided that the land should be suitable, in contiguous plot, freely accessible through all weather motor-able road and the plot should be free from overhead power Whether the reporters of the local papers maybe allowed to see the judgment? transmission lines, Pipelines / Canals / Drainage / Nullahs / Public Roads should not pass through the plot. It has also been indicated in para-11(c) (Annexure P-10) at the bottom note that on verification if it is found that the information given is incorrect/false/misrepresented, then the applicants candidature will stand cancelled and will not be eligible for NDNE LPG Retailership. Out of the aspirants, the petitioner however, prima facie was found suitable in the interview held on 24.02.2012. However, during the verification by the Committee, it was found that there is no approach to Khasra No.3506 i.e. land offered by the petitioners in the application for construction of Godown. The above land is surrounded by government as well as private land. It was also found that the offered plot was about 250 meters away from the metaled road and other side of the metaled road is about 750 meters. Noticing that the petitioners have furnished the incorrect information, as such, allotment of NDNE Retailership in their favour, was cancelled. Therefore, after issuance of notice (Annexure P-18) dated 25.09.2012 to the petitioners, the Chief Area Manager has rejected the candidature of the petitioners for allotment of NDNE Retailership at Una, District Una. Learned counsel for the petitioners has endeavoured to controvert the said notice by way of affidavit but in our considered view, the efforts are futile. Therefore, we do not find any illegality and ambiguity in the decision taken on 25.09.2012 by the respondents, which has been taken on the deficiencies found mentioned in the application of the petitioners for procuring the NDNE Retailership. As such, we find no merit in the present petition and the same is accordingly dismissed.


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