- (1.) To question correctness of the judgment dated 9.10.2015, passed by learned Single Bench in SB Civil Writ Petition No.5726/2014, this appeal is preferred. By the judgment impugned learned Single Bench, while dismissing the writ petition preferred by the appellant petitioner, affirmed the merit list dated 24.8.2013 regarding grant of Indane Distributorship at Goluwala, District Hanumangarh and the order dated 3.7.2014, finding Shri Jora Singh (respondent No.2) a person suitable for selection process for grant of Indane Distributorship at Goluwala.
(2.) In appeal, the submission of learned counsel appearing on behalf of the appellant is that the learned Single Bench failed to appreciate that in light of Section 45 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'the Act of 1955') no lease in relation to agriculture land could have been executed for a term beyond a period of five years, therefore, the lease deed submitted by respondent Shri Jora Singh is of no consequence and against that 25 marks could have not been granted. It is asserted that learned Single Bench negativated the argument aforesaid and has not given any reason justifying the ignorance of the provision aforesaid. According to learned counsel the policy of the Indian Oil Corporation, on which learned Single Bench relied upon, cannot prevail over a mandatory provision of the Act of 1955.
(3.) At the threshold, while opposing the appeal, learned counsel appearing on behalf of the Indian Oil Corporation submits that this appeal is absolutely non-consequential in view of the fact that the candidature of the appellant has already been rejected being not eligible for grant of Indane Distributorship. It is pointed out that as per the field investigation report the experience certificate furnished by the appellant petitioner is not found genuine, therefore, in any event he shall not be entitled for grant of distributorship in question. On merits, it is stated that as per the All India Policy of the Petroleum Company the lease period is 15 years and i.e. to ensure stability/permanency of the dealership at a specific location. For the purpose of setting up godown and showroom, the lease is required to be converted as a commercial one and that takes complete care of Section 45 of the Act of 1955. It is also brought into knowledge of the Court that the process of conversion has already been initiated.;