- (1.) Heard learned Counsel for the petitioner. The petitioner was an applicant for the award of a retail outlet under the Rajiv Gandhi LPG Distributorship Scheme at village Gauspur, Gram Panchayat Gauspur, District Ghazipur. The petitioner's candidature has been rejected on the two grounds; firstly the land that was offered by the petitioner for the purpose of godown was not situate at the place advertised and secondly the information with regard to availability of the funds in the bank account of petitioner was incorrect.
(2.) In paragraph 14 of the writ petition, the petitioner admits that the land which was offered for the purpose of godown was hardly 200 mtr. away from the national highway situate in village Shahpur No. 1, which is within the same Gram Panchayat, Gauspur. The submission of Sri Shiv Sagar Singh is that this should be construed that the land is available in the same village for which the advertisement has been made, inasmuch as, the distributorship is for the benefit of the same Gram Panchayat. He, therefore, contends that even if the land is in another revenue village, which fact has already been disclosed earlier, the same cannot be a ground for disqualification to non-suit the petitioner as the land is within the same panchayat.
(3.) He further submits that so far as availability of funds in the bank account is concerned, the petitioner had to withdraw the amount in an extreme exigency as his father was illing seriously. However as on the date of application, the amount was very much available in the bank account and the said ground to non-suit the petitioner is, therefore, untenable.;