HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.20328 OF 2011 ORDER: Indian Oil Corporation (IOC) has taken out an advertisement inviting applications for establishment of retail outlets for vending petrol/diesel and petroleum products. One of the identified locations is Bathalapalli, Puttaparthy Road, Anantapur. The petitioner is one of the candidates who responded to the notification for establishing the said outlet. After the selection process has been undertaken, her candidature has been rejected on the ground that the notarized affidavit from the spouse of the petitioner for the land offered was not enclosed. Since such a condition was the requirement as per the dealership advertisement under important note clause (1) (b), the application of the petitioner was treated as not complainant with the conditions and hence her candidature was not considered. 2. It is true that as per the note appended to paragraph 14 which dealt with preferences for applications offering suitable land, it is made clear that in addition to the documents called for in paragraphs (c) and (d), the certain additional documents are also required to be submitted. 3. If the land is self owned land, the same will be evaluated on the parameter of owned land. If on the other hand, the land is owned by the family members, notarized affidavit by all the owners in favour of the applicant is required to be provided. Then, the application will be considered for evaluation as owned land. If, on the other hand, the property is owned by the individual applicant together with the family members, the notarized affidavit of the rest of the co-owners is also needed. In such a case, the application will be evaluated as owned land. Similar is the case where the land is owned by the individual applicant with others, if the share of the applicant is more than the requirement of the Oil Company, then such an application will be considered under the owned land category. Whereas, the share of the applicant in comparison to the others is less than the requirement of IOC, in such a case the application will be considered under firm offer. If the land belongs to others and if there is no share of the applicant in the land, then, a registered document is required to be produced and the application will be treated under firm offer category. Where the ownership of the land in question is of a third party, then a registered agreement is required to be produced. 4. In the instant case the property is owned by her husband who has executed a registered lease deed in favour of the petitioner herein, which was produced before the respondents. When once a registered lease deed is produced, it is Clause (7) of the table incorporated under note (e) appearing under paragraph 14 that gets attracted. There is no further requirement to produce a notarized affidavit from the owner. The very lease, which is a registered document, provides the lessee with the right to enter upon the land and use the same for which purpose the lease is granted. Therefore the objection raised by the respondent that she has not enclosed the notarized affidavit of the family member/owner of the land need not disentitle the claim of the petitioner from being considered. In this view of the matter, the matter requires reconsideration and hence the rejection of the candidature of the writ petitioner is set aside. The matter is remanded back to the respondent for reconsideration of the case of the writ petitioner. Let the reconsideration be accomplished within 30 days from the date of receipt of copy of this order. Any decision taken thereon be communicated to the petitioner. 5. In the result, the writ petition is disposed of. ________________________________ Justice Nooty Ramamohana Rao August 3, 2011 SP HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.20328 OF 2011 August 3, 2011 SP