Ghulam Mohammad Sofi vs Union Of India & Ors

Moksha Khajuria Kazmi, J

An advertisement notice was issued by the different Oil Companies including Indian Oil Corporation for distributorship of LPG in Jammu and Kashmir State for different locations including the one at Aishmuqam (Municipal Committee), figuring at Sr. No. 29, therein, in the open category to which petitioner had responded to and deposited an amount of Rs. 8000/- in favour of the respondents.

Sr. No.

Oil Company

Location

Gram Panchayat

Block

Distric

Category

Type of market/LPG distributorship

Security deposit (Amount in Lacs)

Marketing Plan

29

IOC Company

Aishmuqam

Aishmuqam(MC)

Kavnipora

Anantnag

Open

Durgan

4

2017-2018

It is stated that details of the land measuring 15x16 mtrs falling under Khasra No. 482 situated at Aishmuqam along with other details fulfilling the requirements of advertisement notice were provided to the respondents and the petitioner was found eligible through the medium of a draw and as per the respondents was falling in priority list of 1st category. Accordingly, a list of locations/villages for issuance of online computerized draw for selection was scheduled on 15.11.2017 and the venue was fixed for location Aishmuqam at D.C. Office Complex, Srinagar. The petitioner was declared qualified and was informed about the same through e-mail dated 08.11.2017. The petitioner was also asked to deposit an amount of Rs. 40,000/- and a self attested copy of photo ID as a proof of identity. After fulfilling the requisite formalities, a team was constituted for field verification who visited the spot and in terms of communication dated 01.12.2017, petitioner was intimated that the land offered by him is not suitable as an overhead LT/HT/Transmission power lines and one drain are crossing at entry side of the plot. The petitioner was advised to offer the alternate site within three days with the dimension of 15x16 mtrs within the village or cluster of village’s limit as per the advertised location.

The petitioner immediately provided an alternate site/land for location Aishmuqam falling under Khasra No. 27 at village Jammoo. However, the alternate land offered by the petitioner had not been accepted by the respondents and they passed an order No. JAO/Aishmuqam/01 dated 18.01.2018, whereby the candidature of the petitioner for LPG distributorship was rejected and the amount of Rs. 40,000/- deposited by the petitioner was forfeited with the observation that the alternate land is not located in the advertised village (Aishmuqam). It is this order which is impugned in the writ petition in hand.

In response to the notice, respondents have filed the reply affidavit stating inter-alia therein that as per the Policy Guidelines of selection of LPG distributorship one member FVC (Field Verification of Credentials) Committee was nominated for verification of credentials of the selected petitioner who found that the land offered under Khasra No. 482 was not suitable for construction of LPG godown as per the norms. The alternate site offered by the petitioner under Khasra No. 27 situated at Jummoo, which was also physically verified by FVC Committee and it was observed that as per the revenue record the said land falls within the limits of village Jummoo which was not the advertised location. It is further averred that petitioner in his letter dated 02.12.2017, admitted that he does not have any other land than that offered under Khasra No. 27 at village Jummoo. It is also stated that as per the advertisement, location advertised is as “Aishmuqam” (MC) and as per clause 8A(m) of the brochure, the land for godown offered by the petitioner has to be at the advertised location only. It is also submitted that the advertisement notice is governed by eligibility norms laid down in the brochure for selection of LPG distributors and is in public domain and available on WWW.1pgvitarakchayan.in. and as per clause 8A(m), “Applicant should ‘Own’ a plot of land of capacity, minimum dimensions and located as specified below for construction of LPG godown or ‘Own’ a ready LPG cylinder storage godown as on the last date for submission of application as specified either in the advertisement or corrigendum (if any),”. In the advertisement dated 14.08.2018, at Sr. No. 29, the location is mentioned as Aishmuqam (MC) and as per clause 8A(m) of the brochure, the land for godown offered by the petitioner has to be at the advertised location only. However, the land offered by the candidate is situated at Jummoo which is not the advertised location and moreover revenue authorities, FVC Committee have confirmed that land under Khasra No. 27 in village Jummoo is not within the municipal limits of location Aishmuqam, so candidature of petitioner was rightly cancelled as per policy guidelines of selection of LPG distributors. It is further stated that clarification was sought by the FVC Committee vide letter dated 02.01.2018 from revenue authorities about the village Grendaish. Revenue authorities have confirmed that village Grendaish is within the location Aishmuqam, in the advertisement also it is mentioned under the head Gram Panchayat at Sr. No. 29 is at Aishmuqam ‘(MC)’. Therefore, on the basis of the report of FVC Committee and the guidelines, candidature of the petitioner was cancelled and the amount of Rs. 40,000/- was forfeited.

During the pendency of writ petition, IA No. 01/2019, for impleadment of one Mst. Tasleema Akhter, as necessary party in the writ petition was allowed and the she has been arrayed as party-respondent No. 7 in the writ petition.

Heard learned counsel for the parties and perused the material made available.

In terms of order dated 19th February, 2021, this Court directed the respondent No. 5 & 6, i.e, Deputy Commissioner, Anantnag and Tehsildar Pahalgam, Anantnag to file reply, particularly with regard to the assertion made in the writ petition that the land acquired by the petitioner at village Jammoo was fulfilling the requirements prescribed under the notice for appointment of LPG distributorship which is the subject matter of the writ petition.

In compliance to the order dated 19th February, 2021, respondent No. 5 & 6 have filed the reply/objections wherein it has been stated that the Aishmuqam is a cluster of villages which comprises of village Grendaish, Thlhard, Jamoo, Karshangam and Amad Wagad falling under Patwar Halqa Grendaish and Niyabat Aishmuqam. However, village Jamoo is a revenue village which does not fall within the limit of Aishmuqam Municipal Committee and is covered under rural area, as is evident from the report of Tehsildar Pahalgam bearing No. TPGM/OQ/20/768 dated 01.02.2021. The alternate land offered by the petitioner under Khasra No. 27 situated at village Jamoo does not fall within the municipal limits of Aishmuqam, as provided under the advertisement notice for which the petitioner has applied. The Executive Officer MC, Aishmuqam also states that the village Jamoo falls outside the limits of Municipal Committee Aishmuqam.

Perusal of the advertisement notice clearly reveals that application(s) for LPG distributorship (Sr. No. 29) were invited for Aishmuqam(MC) and as per the stipulations, the requirement of land/godown in terms of clause 8A(m) should be within the peripheries of Municipal limits of Aishmuqam only. The land offered by the petitioner does not fulfill the requirements, envisaged for selection of LPG distributorship as per Unified Guidelines. The alternate site/land offered by the petitioner is not in accordance with the guidelines laiddown in the brochure for selection of LPG distributorship. In terms of the report of the Tehsildar Pahalgam bearing No. TPgm/OQ/20/782 dated 20.03.2021 and Executive Officer Municipal Committee Aishmuqam No. MC/Aish/21/2012 dated 1st March, 2021, the said land is located in village Jammoo which falls outside the Municipal limits of Aishmuqam. Moreover, the petitioner in para 14 of the writ petition has specifically admitted that so far as the guidelines for selection of LPG distributorship are concerned, it is stated that in case of any dispute/ambiguity regarding location of land vis-a-vis advertised specification, the matter has to be referred to the district revenue authorities whose decision shall be final. Therefore, the respondents have rightly passed the rejection order, impugned in this petition.

Viewed thus, the rejection order dated 18th January, 2018, is held to be in accordance with the Unified Guidelines and the Advertisement Notice, and as such does not suffer from any infirmity, illegality which would warrant interference. The writ petition, therefore, fails and is, accordingly, dismissed along with connected CM(s).