NIRMALJIT KAUR,J. - (1.) This is an appeal against the order and judgment dated 17.10.2013 passed by learned Single Bench dismissing the writ petition filed by the appellant. The allotment of LPG outlet under Rajiv Gandhi Gramin LPG Vitrak Yojana (RGGLV) by respondent-Indian Oil Corporation Ltd. to respondents No.3 to 5 was sought to be quashed and declared illegal with a further prayer to grant the same in favour of the petitioner.
(2.) The allotment of outlet was challenged basically on two grounds. Firstly, the respondents No.3 to 5 do not hold requisite qualification. The respondent No.3-Vikas Mittal is not a permanent resident of 8 PSD-B, Gharsana and he has obtained a wrong permanent resident certificate dated 29.02.2011 from the office of Tehsildar (Revenue), Gharsana. Similarly, the respondent No.4-Dhanpat Rai is also not a resident of 8 PSD-B, Gharsana, whereas, he has also obtained the wrong permanent resident certificate by submitting wrong and incorrect documents in the office of Tehsildar (Revenue), Gharsana. It was don tended that the petitioner had filed a complaint before the Tehsildar (Revenue), Gharsana against improper issuance of resident certificate dated 29.02.2011 in favour of respondents No.3 & 4-Vikas Mittal and Dhanpat Rai. Accordingly, the Tehsildar, Gharsana vide order dated 10.01.2012 cancelled the permanent resident certificates issued in favour of Vikas and Dhanpat Rai but when the respondent-Corporation still took no action, the petitioner was forced to file the writ petition before this Court, which was dismissed on 17.10.2013. Secondly, the respondents No.3 to 5 do not hold requisite measurement of the land i.e. 20 X 24 meters as per guidelines. The land was joint land. The same had been purchased by the respondents through different sale-deeds from the same seller. The land had not yet been partitioned.
(3.) While impugning the said judgment, it was contended that as per para 14(ga) of the advertisement inviting application form for allotment of LPG distributorship, the application form was required to be accompanied by the documents specifically demanded, and the failure to produce the same at the time of verification, the application was liable to be rejected. In this case, the respondents did not have the requisite certificate as the certificate itself is dated 11.07.2011. The Bona fide Residents Certificate was cancelled by the Tehsildar, Gharsana and therefore, as per Clause-16 of the Brochure, the allotment in favour of respondent No.3-Vikas Mittal is liable to be cancelled. However, a bona fide resident certificate is required as proof while applying for the allotment of outlet, whereas, the Single Bench took into consideration the Standard Resident Certificate, which cannot be a proof of resident and cannot override the requirement of a bona fide resident certificate. The bona fide resident certificate having been cancelled, the respondents were ineligible and their candidature should have been cancelled.;