- (1.) WE have heard learned counsel appearing for the appellants.
(2.) THE appellant was shortlisted in the selections for allotment of retail outlet dealership of Indian Oil Corporation(IOC) at location "between Hathoj and Kalwad on Kalwad Road, District Jaipur". In the interview dated 03.02.2012, he was empanelled at S.No.1 for allotment of retail outlet dealership. During the field investigation, it was found that one of the partners of the firm, Shri Tejaram had submitted an affidavit along with the application form stating that the land situate at Khasra No.159/3 is owned by him, whereas there were three other co -owners of the land and the consent letter of all the co -owners was not enclosed with the application form. Consequently, the appellant's empanelment in the merit list was cancelled. The appellant did not file any representation against the cancellation of empanelment before the competent authority. He directly approached the High Court and challenged the order dated 30.05.2012 in the writ petition, which has been dismissed by learned Single Judge on 27.10.2014, on the ground that there were other co -owners of the land. The petitioner/appellant -firm failed to submit the notarized affidavit of all the co -owners of the land along with the application form. The reliance upon the document i.e. notarized affidavit of the other co -owners, subsequent to the cancellation of the empanelment, could not be accepted, as under condition No.21.0 in the brochure, no additional documents whatsoever was to be accepted or considered after the cut -off date for submitting the application.
(3.) LEARNED counsel appearing for the appellants submits that Serial No.17 of the check list of documents, and Serial No.12(d) of the Application Format, did not require the applicant to file a notarized affidavit of all the owners, or co -owners, where applicant is the owner of the land. Serial No.17 of the check list of documents, and Serial No.12(d) of the Application Format, are quoted as follows: - "17. Where applicant is not the land owner - Notarized affidavit by all owners or co -owners to be enclosed (Refer para 14 of brochure details). 12. Land Details (To be provided by all applicants for all locations where 'YES' is indicated in Column No.5 or 6 in the advertisement: (a).... (b).... (c)... (d) Where applicant is not the land owner - notarised affidavit by all owners or co -owners to be enclosed (Refer para 14 of brochure for details)." We do not agree with the submission of learned counsel appearing for the appellant that since the appellant was the co -owner of the land, it should mean that he was also a owner of the land, and thus, he was not required to file the notarized affidavit of other co -owners of the land.;