- (1.) Seeking cancellation of distributorship and storage allotted to respondent no. 9 for L.P.G. under Rajiv Gandhi Gramin L.P.G. Vitrak Yojna, the present writ petition has been filed.
(2.) Briefly stated, pursuant to advertisement dated 17.10.2009 published in the local newspapers namely, "Prabhat Khabar" and "Dainik Jagaran" for selection of Rajiv Gandhi Rural L.P.G. distributor for Huntergunj, Chatra, six applications were received and the application of respondent no. 9 was found eligible. Field verification was conducted by the officials of H.P.C.L during which the respondent no. 9 was found fulfilling all common eligibility criteria and accordingly, the RGGLV distributorship was awarded to respondent no. 9 which has been commissioned on 26.05.2013. The petitioner raised objection to the allotment of "RGGVL" distributorship to respondent no. 9 and his son sent a legal notice dated 06.09.2012 seeking cancellation of L.P.G. distributorship awarded to respondent no. 9. It is stated that though an applicant must own clear ownership title of the property, the respondent no.9 submitted false and forged land documents. The respondent no. 9 purchased joint agricultural land from her own husband vide sale deed dated 18.08.2010 and she got her name mutated in the revenue records. On the objection raised by the petitioner, the Circle Officer, Huntergunj made a recommendation to the Deputy Collector Land Reforms, Chatra for cancellation of mutation in the name of respondent no. 9. The petitioner has claimed that no partition of the joint family properties has taken place and the land conveyed to the respondent no. 9 vide sale deed dated 18.08.2010 was mutated in the name of his grand father.
(3.) In the counteraffidavit, the respondents have taken a preliminary objection as to the maintainability of the writ petition on the ground of serious disputed questions of fact being involved in the writ petition. It is stated that the dispute is amongst the family members and in this connection Title Suit No. 35 of 2013 is pending in the Court of Civil Judge, Senior DivisionIcumSub JudgeI Chatra in which respondent no. 9 has been arrayed as defendant no. 1. With respect to prayer seeking cancellation of mutation in the name of respondent no. 9, it is stated that the same cannot be granted in the present proceeding and moreover, the issue is pending before the Deputy Collector Land Reforms, Chatra. It is further stated that the petitioner was not an applicant for award of L.P.G. distributorship for Chatra.;