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| HC upholds decision of Indian oil | | Refusal of Gas Agency/dealership | | Jammu, Mar 20 (JNF): In a petition filed by one Anjana Jamwal seeking quashment of Communication No. JAO/KOB/001 dated 02.04.2013, whereby the candidature of petitioner for award of Rajiv Gandhi Gramin LPG Vitrak at Kot Bhalwal, District Jammu stands rejected by Indian Oil Corporation Limited, Justice Tashi Rabstan of J&K High Court Jammu Wing after hearing Adv Pawan Dev Singh for the petitioner whereas Adv R Koul for Indian Oil and Adv SK Shukla for private respondent observed that the petitioner could not fulfill the eligibility conditions as prescribed in the Notification as well as policy, thus she has no right to claim dealership. The petitioner does not deserve consideration by treating her eligible because there are other similarly situated persons who might have been declared ineligible as per the terms and conditions of the policy/advertisement. Thus, the claim of the petitioner is not permissible in law.
While dismissing the petition Justice Tashi Rabstan observed that in the objections it has been submitted that the locations for setting up of RGGLV are identified broadly on potential of average monthly sale of 600 LPG cylinders of 14.2 kg and 1800 customers with monthly per capita consumption of about 5 kg. The assessment of refill sale potential is based on several factors including population, growth rate, economic conditions, prosperity of the location and the distance from the existing nearest distributor. It is further submitted that the petitioner in her application had offered land 65 ft. × 130 ft, which on physical verification by the Field Verification Committee found to be only 55 ft. × 145 ft., i.e., 16.76m × 44.19m. It is contended that as per the policy/guidelines a candidate should own land/plot of minimum 20m × 24m in dimension at the advertised RGGLV location for construction of LPG storage Godown. It is further contended that respondent No.1 asked the petitioner to offer alternate land. The petitioner accordingly offered land bearing Khasra No.2059-min situate at Village Bhalwal. It is contended by respondent No.1 that as per the revenue record the husband of the petitioner, namely, Balram Singh was a co-sharer in the above land and was having share only to the extent of 11 marlas, which is equivalent to 276 square meters, whereas the minimum land required is 480 square meters. Further, it is submitted that as per the terms and conditions of the policy, two persons are selected in the draw of lots; first one is declared as selected, whereas the second is kept in the waiting list and is offered the agency in case the first one selected fails to fulfill the requisite conditions for allotment of RGGLV. With the observations Court do not find any illegality in the impugned rejection letter of Indian Oil and petition is found to be without merit and the same is, accordingly, dismissed.
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