JUDGEMENT
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(1.) Akhilesh Kumar Singh has filed this petition for issuance of a writ in the nature of certiorari quashing order/notice dated 2.12.2010 appended as Annexure No.1 issued by respondent No.4 (Senior Regional Manager, LPG Regional Office, Gomti Nagar, Lucknow), vide which candidature of the petitioner for allotment of distributorship under Rajiv Gandhi Gramin LPG Vitrak scheme (for short, RGGLV) for village (Revenue Estate) Neri Kalan, district Sitapur has been rejected.
Perusal of document, Annexure-1 dated 2.12.2010 indicates that the petitioner was informed that he had applied for gas agency vide application received on 19.11.2010, for village Neri Kalan, district Sitapur advertised on 25.1.2010. The eligibility criteria for allotment has not been satisfied by the petitioner as the petitioner was not a resident of the place for which the agency had been advertised. Sub Divisional Magistrate, Sitapur vide his communication had informed that the petitioner Akhilesh Kumar Singh is a resident of village Hempur which is different from revenue estate Neri Kalan.
(2.) Before we advert to the contention of learned counsel for the petitioner Mr. Amit Singh Bhadauria, Advocate, we would like to make a brief reference to the sequence of events and relevant facts.
(3.) It appears that an advertisement was issued for a large number of places for allotment of LPG agencies vide publication in Dainik Jagran dated 17.10.2009. The eligibility criteria had been given in the advertisement itself. The second eligibility criteria (which is the only criteria relevant for adjudication in this case), when translated, reads to the following effect :
"The applicant is required to be resident of that town/village of the advertised location."
The document/advertisement has been placed on record as Annexure-3 to the counter affidavit filed on behalf of the Union of India/respondent No.1.
It further appears that an addendum to the main advertisement was issued vide Annexure-3 appended with the writ petition published in Dainik Jagran dated 25.1.2010. The addendum declares that it is in continuation to advertisement dated 17.10.2009 to which we have already referred. The addendum further declares that applications are being invited on the same terms and conditions as declared in the main advertisement dated 17.10.2009.
We find that at serial No.25 of the addendum, HPCL invited applications for allotment of LPG agency for revenue estate/village Neri Kalan, Sitapur Sadar, district Sitapur. The petitioner applied under addendum dated 25.1.2010 where-after his candidature was rejected vide impugned order, Annexure-1 on the ground detailed above.;
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