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Judgment
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.
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.
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.
Heard learned counsels appearing on behalf of the rival
parties.
True it is, as per Section 45 of the Act of 1955 no
agriculture land could have been leased out for a period of more
than five years, but in the case in hand it is not at all in dispute
that the lease in question is only for the purpose of getting the
land converted as commercial one to establish a godown and
showroom for petroleum product dealership. The same is in
accordance with the All India Policy uniformly applicable in entire
country. Beside that, it is also important to notice that the
candidature of the appellant petitioner has already been rejected
on other grounds, though i.e. subject matter of a litigation, but in
entirety we are not inclined to interfere with the decision of
learned Single Bench which is otherwise based on practical
aspects pertaining to a policy for grant of lease deeds of
petroleum products.