- (1.)As common question of law and facts are involved in the matter, both these appeals are being disposed of by this common order.
(2.)Challenge in these appeals are made to an order dated 21.7.2015 passed by the Writ Court in W.P. No.353/2015.
(3.)An advertisement was issued by the Indian Oil Corporation Ltd. on 18.9.2013 for the purpose of establishment of a LPG Dealership i.e. Rajiv Gandhi LPG Vitrak at Bairagarh, District Chhatarpur under the OBC category. The petitioner in W.P. 353/2015 Shiv Prasad Chourasiya submitted his application on 17.11.2013. Initially on 19.11.2013 vide Annexure P/2 the Indian Oil Corporation directed him to rectify certain discrepancies and he was requested to submit notarized affidavit of co - owners with regard to the property in question. On 6.12.2013 three affidavits of co -owners were submitted vide Annexure P/3 and subsequently one of the owner Subhash Chand Chourasia withdrew his consent vide Annexure A/4 on 18.9.2014. It seems that when the advertisement was issued on 18.9.2013 and when the applications were under scrutiny, it was found that certain proceedings for partition of joint family property was pending in the Revenue Court i.e. the Court of Naib Tehsildar, Jujhar Nagar and on 15.1.2014 an order was passed by the Revenue Court whereby the petitioner Shiv Prasad Chourasiya received half share of the property bearing Khasra No.8/1. Based on the documents that were available on 19.6.2014, the draw of selection was undertaken and Shiv Prasad Chourasiya was selected for grant of dealership. On 27.6.2014 he deposited the security amount. In the meanwhile, complaints were received by the Indian Oil Corporation to say that the property is a joint family property, various disputes are pending with regard to the property and therefore, the allotment be not made. It seems that the Indian Oil Corporation entered into correspondence, looked into the complaints and finding that a clear title on the part of the petitioner Shiv Prasad Chourasiya is not established and as existence of clear title with regard to the property was a pre -condition in accordance to the scheme governing grant of dealership, the selection of the petitioner was cancelled. Challenging the same, the writ petition was filed and the writ petition having been allowed, these appeals both by the Indian Oil Corporation and by the present appellant Nand Kishore Chourasiya who has been awarded the contract after cancellation of the award, earlier made to Shiv Prasad Chourasiya the original petitioner in W.P. No.353/2015.