PATNA, India, Sept. 17 -- Patna High Court issued the following judgment on Aug. 18:

1. The petitioner has filed the instant application for the following reliefs:

" That this application is being filed for issuance of an appropriate writ/writs, direction/direction to the respondents authorities and for quashing the Letter No- LPG.ER.PATN.6.BHADAURA dated 04/08/2018 issued under signature of Res. No-3 by which candidature of the petitioner for Gramin L.P.G. distributorship at Bhadaura, Block Masaudhi under district of Patna, has been cancelled on the ground that the land offer by him is not in advertise area."

2. The case of the petitioner, in brief, is that pursuant to an advertisement dated 18.06.2017 issued by Bharat Petroleum Corporation Limited for the award of an LPG Distributorship at Bhadaura, District Patna, under the "OPEN" category, the petitioner submitted an application along with all requisite documents, bearing Serial No. BPC03205080817072017.

3. It is submitted that a draw of lots was conducted on 17.11.2017 in respect of the said location, wherein the petitioner was declared successful and was informed through e-mail dated 18.11.2017. Thereafter, the petitioner was advised to deposit an amount of Rs. 40,000/- and to submit necessary documents for verification of the proposed land for LPG godown and other credentials. It is also submitted that subsequently, the Assistant Manager (Sales), Patna LPG Territory, BPCL, issued a letter bearing No. PT: GV/Bhadaura/17-18/01 dated 27.04.2018 to the Circle Officer, Masaudhi, seeking verification of the proposed land. In response, the Circle Officer, Masaudhi, issued a letter dated 08.05.2018 confirming that the land offered by the petitioner situated under Khata No. 195, Khesra No. 49, Mauza Bhadaura, Anchal Masaudhi, District Patna, was indeed located within the said jurisdiction.

4. The Learned counsel for the petitioner submitted that in compliance with the requirements the petitioner deposited the sum of Rs. 40,000/- within the stipulated period. Thereafter, a team from BPCL subsequently visited the proposed site for verification. It is further submitted that during the site visit, certain officials of BPCL allegedly made illegal monetary demands, which the petitioner declined. Thereafter, vide letter dated 09.01.2018, followed by a reminder dated 13.07.2018 was issued to the petitioner directing to provide an alternate land for the showroom, despite the fact that the land earlier proposed was already verified and confirmed by the competent revenue authority.

5. The Learned counsel for the petitioner submitted that a reply to the aforesaid communications was submitted on 17.07.2018, clarifying that the land earlier proposed was valid and already approved for the intended purpose. However, without considering the facts and circumstances of the case, the respondent authorities proceeded to cancel the petitioner's candidature for the LPG distributorship.

6. It is further submitted that the said cancellation was effected through Letter No. LPG.ER.PATN.6.BHADAURA dated 04.08.2018 (Annexure-1), issued by Respondent No. 3, wherein the petitioner's candidature for the Gramin LPG Distributorship at Bhadaura Gram Panchayat, Block Masaudhi, District Patna, was cancelled.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTk2NzUjMjAxOCMxI04=-ITKz--ak1--XcYCQo=

Disclaimer: Curated by HT Syndication.