WP(C) 1140/2015. Gauhati High Court
| Case Number | WP(C) 1140/2015 |
| Judgement Date | June 01, 2020 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
( THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM AND ARUNACHAL PRADESH )
WP( C) 1140/ 2015
&
WP( C) 2945/ 2015
Sri Vidyut Bikash Bora
..........Petitioner
-Vs-
M/ s. I ndian Oil Corporation Ltd. and others.
For the Petitioner : Mr. P.J. Saikia, Adv.
For the Respondents : Mr. M.K. Choudhury, Sr. Adv.
Ms. A. Choudhury, Adv.
Mr. A. Chakraborty, GA, Assam. Mr. T.J. Mahanta, Sr. Adv,
Mr. P.P. Dutta, Adv.
BEFORE
THE HON’BLE MR. JUSTI CE SUMAN SHYAM
Date of hearing and judgement : 01/ 06/ 2017
JUDGEMENT AND ORDER (ORAL)
Heard Mr. P.J. Saikia, learned counsel appearing for the writ petitioner. Also heard Mr. M.K. Choudhury, learned senior counsel appearing for respondent nos. 1, 2 and 3. Mr. A. Chakraborty, learned Government Advocate, Assam appears for respondent nos. 4 and 5 whereas as Mr. T.J. Mahanta, learned senior counsel appears for respondent no. 6.
WP(C) 1140 & 2945/ 2015 dated 1-6-2017 Page 1 of 13
.....Respondents.
-
By filing these writ petitions, the petitioner has challenged the decision of the I OCL authorities to award the LPG distributorship under the Rajiv Gandhi Gramin LPG Bitarak scheme in favour of the respondent no. 6. Since both these writ petitions raises common question of facts and law, hence, the same are being disposed of by this common order. The facts in WP(C) 2945/ 2015 are being referred to as the lead case.
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The respondent no.1, I OCL had published an advertisement dated 29/ 12/ 2013 in the vernacular daily newspaper “Asomiya Pratidin” inviting applications for appointment of LPG distributors under the Rajiv Gandhi Gramin LPG Bitarak scheme (hereinafter referred to as RGGLB) for as many as 59 different locations including Nowsolia Pathar Gaon under Uttar Kamarbandha Gaon Panchayat of Golaghat Revenue Circle. The advertisement notice dated 29/ 12/ 2013 had inter-alia mentioned that the selection of the distributors would be made on the basis of draw of lots from amongst the permanent residents of the Gaon Panchayat or from a permanent resident of the Revenue Circle for which the advertisement has been issued. The applicants were required to submit a Permanent Residence Certificate/ Standard Residence Certificate as per Appendix ‘C’. The last date of submission of applications was fixed on 30/ 01/ 2014.
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I n response to the said advertisement, the writ petitioner and the respondent no. 6, besides others, had submitted their applications. . I n support of his residence proof, the respondent no 6 had submitted certificate issued by the Gaonburah as well as a Standard Residence Certificate dated 28-02-2014.
WP(C) 1140 & 2945/ 2015 dated 1-6-2017 Page 2 of 13
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Thereafter, a draw of lots was held in presence of five applicants whereby the respondent no. 6 had emerged as the lucky winner. Taking note of the result of the draw, the I OCL authorities had taken the decision to award the LPG distributorship for Nowsolia Pathar Gaon in favour of respondent no. 6.
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Aggrieved by the decision of the I OCL ,on 08/ 04/ 2017, the writ petitioner had submitted a complaint before the respondent no. 3 enclosing a copy of the voters’ list issued by the concerned Election Officer seeking reselection of the awardee on the ground that the respondent no. 6 was neither a resident of Nowsolia Pathar Gaon nor was he a permanent resident under the concerned Gaon Panahayat and, therefore, was not eligible to apply for the LPG distributorship under the scheme. When the respondent no. 3 did not respond to the said complaint, on 14/ 07/ 2014 the petitioner submitted another representation before the Deputy Commissioner, Golaghat through the Circle Officer, Golaghat Revenue Circle, for cancellation of the Standard Residence Certificate earlier issued in favour of the respondent no. 6. According to the petitioner, after receipt of the complaint dated 14/ 07/ 2014, the respondent no. 4 made a proper enquiry in the matter, where after, it was found that the respondent no. 6 was not a resident of Nowsolia Pathar Gaon of Uttar Kamarbandha Gaon Panchayat. As such, an order was issued by the Deputy Commissioner on 18/ 09/ 2014 cancelling the Standard Residence Certificate earlier issued in favour of the respondent no. 6. Accordingly, a communication dated 19/ 09/ 2014 was issued by the Additional Deputy Commissioner, Golaghat intimating the Gaonbura (village headman) about the said fact. Based on the order dated 18/ 09/ 2014, the respondent no. 5 had also issued another order
WP(C) 1140 & 2945/ 2015 dated 1-6-2017 Page 3 of 13
dated 22/ 09/ 2014 cancelling the Standard Residence Certificate dated 28/ 02/ 2014 issued in...
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