SHEKHAR B.SARAF, J. - (1.) This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the rejection of his proposal for L.P.G. distributorship at Nayachak by a letter dated June 18, 2019 issued by the Bharat Petroleum Corporation Limited (hereinafter referred to as the 'B.P.C.L.').
(2.) Mr. Biswaroop Bhattacharya, Counsel on behalf of the petitioner submits that on the date of advertisement the petitioner had a notarised deed of lease in her favour. He submits that during field verification B.P.C.L. informed the petitioner that the notarised lease deed is not as per the requirement under the guidelines and therefore, allowed him an additional 15 days' time to provide an alternate land for the shop room. He further submits that the petitioner in her wisdom got the same land registered in accordance with law on December 24, 2018 and submitted the same to the B.P.C.L.
(3.) Mr. Puspendu Chakraborty, Counsel appearing on behalf of the B.P.C.L. submitted that the Division Benches of this High Court in a catena of judgements have categorically held that the requirement under the Rules and Regulations cannot be altered or relaxed in any manner. He submits that the petitioner was given a chance to provide an alternate land within 15 days and the alternate land that the petitioner was required to provide had to satisfy the requirement that the said land was leased to him on the date of advertisement. He further submits that in the present case, the lease has been registered subsequent to the date of advertisement and therefore, the petitioner's plea cannot be accepted. He relied on two unreported decisions of the Division Bench of this Court in the case of Indian Oil Corporation Ltd. v. Samir Barmar (F.M.A.2686 of 2015 with CAN 7758 of 2015); and in the case of Prasanta Kumar Biswas v. Union of India (M.A.T.1164 of 2018 with CAN 8050 of 2018). He also relied on an unreported decision of this Court in the case of Soumitra Hazra v. Indian Oil Corporation Ltd. (W.P. 14338 (W) of 2019) to buttress his above submission.;