- (1.) In this writ petition filed under Article 226/227 of the Constitution of India, the petitioner has impugned the letter dated 23.12.2011 Annexure P.4 issued by respondent No.2 cancelling the selection in his favour for distributorship under the Rajiv Gandhi Gramin LPG Vitrak (RGGLV) Scheme at Gumthala Garhu, Tehsil Pehowa, District Kurukshetra.
(2.) Brief facts as narrated in the petition may be noticed. The respondents issued an advertisement dated 28.2.2011 under the RGGLV distribution scheme for the purpose of setting up a LPG Godown and showroom at various places in the State of Haryana. The advertisement contained various conditions including a specific condition that the applicants applying under the Scheduled caste category must be registered as such. Since the petitioner belonged to the Scheduled caste category, he approached the respondents at Karnal and enquired about the requirements for submitting an application for the grant of LPG Distributorship. The applicant was informed that he must possess land measuring about 1 kanal. Accordingly, the petitioner entered into a lease deed with one Kulwinder Singh son of Dalip Singh in respect of land measuring 1 kanal situated at Gumthala Garhu. The petitioner filled up the application form on 30.3.2011 and attached copy of Scheduled Caste certificate and registered lease deed dated 28.3.2011. Subsequently, the petitioner came to know that he should purchase the said land in regard to which he had entered into lease deed with the lessor. Accordingly, he entered into an agreement of sale of the said land dated 8.4.2011 with the said Kulwinder Singh. Application of the petitioner was considered for draw of lots. The petitioner was declared successful in the draw held on 15.11.2011. Accordingly, letter of selection, Annexure P.3 was issued by respondent No.2. While the petitioner was under the process of installing LPG godown, respondent No.2 issued letter dated 23.12.2011, Annexure P.4 to the petitioner cancelling the selection. Hence this petition.
(3.) Learned counsel for the petitioner submitted that the petitioner filed the lease agreement Annexure P.1 relating to the site on which he had decided to install the LPG godown and show room with one Kulwinder Singh alongwith the application form. He also relied on Annexure P.2 - an agreement to sell dated 8.4.2011 entered by him with the said Kulwinder Singh whereas sale was to be registered upto 31.12.2011. According to the petitioner, the said documents having been filed with the application form, he was issued selection letter dated 15.11.2011, Annexure P.3 which has now been sought to be cancelled by the impugned order dated 23.12.2011, Annexure P.4. According to the counsel, respondent No.2 was not justified in cancelling the allotment once made to the petitioner as no fraud had been played by the petitioner in securing the allotment.;