GUWAHATI, India, Nov. 19 -- Gauhati High Court issued the following order on Oct. 22:

1. Heard Mr. B.J. Ghosh, the learned counsel appearing on behalf of the petitioner.

2. The petitioner herein is aggrieved by the communication dated 17.07.2025 by which the petitioner's candidature in Group-1 category had been rejected and it was further mentioned that the petitioner would be considered along with Group-3 applicants as per the guidelines.

3. The facts of the instant case as would appear are that vide an advertisement dated 28.06.2023, the respondent No. 2 had issued a notice for appointment of Regular/Rural Retail Outlet (Petrol Pump) Dealership. The instant writ petition relates to the Retail Outlet at serial No. 76 of the said advertisement. From a perusal of the contents of serial No. 76, it reveals that the location of the Retail Outlet is within 5 KM of Darranggiri Banana Market towards Dudhnoi on NH-37 (Old)/NH-17 (New). It is further seen that the said outlet is specifically reserved for the category of SC and CC 1.

4. The petitioner on the basis of the said advertisement, entered into a registered Deed of Lease with one Sri Ananda Rabha for leasing out a plot of land admeasuring 2 Bighas for a period of 21 years. On the basis of the said Lease Agreement, the petitioner submitted an application on 15.10.2023, claiming himself to be a Group-1 candidate. Upon the draw of lots, the petitioner was provisionally selected. However, upon field verification being carried out by the Officials of the respondent No. 2, it was found that the land actually belonged to the said Sri Ananda Rabha along with another person namely Sri Ananta Rabha. On the ground that there were two coowners in respect to the said land and that the petitioner had entered into a Lease Agreement with only one owner, the petitioner's candidature was rejected as Group-1 category vide the impugned communication dated 17.07.2025 and the petitioner was relegated to be considered along with Group-3 applicants. It is under such circumstances, the petitioner has approached this Court by filing the present writ petition.

5. This Court has duly taken note of the materials on record and has heard the learned counsel appearing on behalf of the petitioner.

6. A perusal of the Brochure pertaining to Selection of Dealers for Regular and Rural Retail Outlets (for short, "the Brochure") stipulates the manner in which the application is to be filed. It is further seen that in terms with Clause 4(vi) of the Brochure, the applicants are categorized into 3 (three) groups i.e. Group-1, Group-2 and Group-3. Group-1 are those applicants who have suitable piece of land in the advertised location/area either by way of ownership/long term lease for a period of minimum 19 years 11 months or as advertised by the OMC; Group-2 are those applicants who have a Firm Offer for a suitable piece of land for purchase or long-term lease for a period of minimum 19 years 11 months or as advertised by the OMC and Group-3 are those applicants who have not offered land which is only applicable for locations advertised under SC/ST category.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x8Lx6EwDsQTLhMjluT2kqXLVR8dbIfEBNFu9%2F3LZiTYF&caseno=WP(C)/5957/2025&cCode=1&cino=GAHC010222112025&state_code=6&appFlag=)

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