skc 1 WP-8637-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8637 OF 2011 Deepak Shankar Omase ..Petitioner versus Union of India & Ors. ..Respondents Mr. Ravindra Adasule with Mr. Vivek Salunke for Petitioner. Ms. Amruta Joshi i/b. M/s. The Law Point for Respondent 2. Mrs. M. P. Thakur - Assistant Government Pleader for Respondent No. 3. CORAM : S. A. BOBDE AND SMT. V. K. TAHILRAMANI, JJ. DATE : DECEMBER 01, 2011 P.C. : Rule, returnable forthwith. Ms. Amruta Joshi waives service for respondent No.2. Mrs. Thakur waives service for respondent no. 3. Heard finally by consent of parties. 2. The petitioner has approached this court against the cancellation of his selection for allotment of LPG Gas Cylinders dealership for Village Bedag. The respondents have cancelled the selection for allotment of dealership on the ground that the petitioner does not have a clear title of the skc 2 WP-8637-11 property in his own name as per the definition of family unit prescribed in the selection brochure. The petitioner made an application for dealership on 10.5.2010. Along with the application he submitted that he was owner of survey no. 169 of Bedag. On that basis a lucky draw was held and the respondents selected the petitioner for allotment of the LPG dealership. However, the respondents discovered in the field verification that survey no. 169 is not owned exclusively by the petitioner but is owned jointly along with one Sunil Jaywant Sanap who is shown in the sale deed as a joint owner. According to the petitioner however there was a partition between the said Sunil Jaywant Sanap and the petitioner prior to the application i.e. on 26.4.2010. Admittedly however the partition deed is not registered and therefore the respondents have not taken into account the same. According to the petitioner he is willing to have the partition deed registered and submit the same for consideration of the respondents. The relevant clause in the brochure reads as follows : “3.9 Should own a suitable land (plot) of minimum 20 meter X 24 meter in the identified location for construction of LPG cylinder Storage Godown. Own means having clear ownership title of the property in the name of applicant / family member of the ‘Family Unit’ as defined in multiple distributorship norm. In case of family member, consent letter from the family member will be required. skc 3 WP-8637-11 Land for construction of Godown will be suitable, if it is freely accessible through all weather motorable approach road and should be plain, in one contiguous plot, free from overhead power transmission or telephone lines. Pipelines / Canals / Drainage / Nallahs / Public Roads should not pass through the plot.” It is clear from the clause that the applicant must have a clear ownership title of the property in his name. The clause does not contemplate joint ownership. However, having regard to the fact that the petitioner has stated that he will register the partition deed and submit the same to the respondents for consideration, we are not inclined to go into the matter any further. Whether the subsequent registration of the partition deed dated 26.4.2010 will relate back to the date of execution of the partition deed is a point on which we do not express any opinion at this stage. The respondents may consider the petitioner’s case after the partition deed is submitted. There shall be status quo for a period of four weeks from today. 3. Rule is made absolute in above terms. (S. A. BOBDE, J.) (SMT. V. K. TAHILRAMANI, J.)