As per case facts, Hindustan Petroleum Corporation Ltd. (HPCL) issued a notification for LPG Distributorship. The writ petitioner applied, and after prolonged litigation and a draw of lots, he was ...
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APHC010104912026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
[3579]
FRIDAY, THE NINETEENTH DAY OF JUNE
TWO THOUSAND AND TWENTY SIX
WRIT APPEAL No: 253 of 2026
Between:
1. THE DEPUTY GENERAL MANAGER, HINDUSTAN PETRO LEUM
CORPORATION LTD., (A GOVT. OF INDIA ENTERPRISES) LPG
VISAKHA REGION, HP PETRO PARK, PORT CONNECTIVITY ROAD,
VISAKHAPATNAM -530 014.
2. HINDUSTAN PETROLEUM CORPORATION LTD., (A GOVT. OF INDIA
ENTERPRISES) REP. BY ITS CHAIRMAN AND MANAGING
DIRECTOR, PETROLEUM HOUSE, 17, JAMSHEDJI TATA ROAD,
MUMBAI-400020.
...APPELLANT(S)
AND
1. TARMARALA PRASAD, S/o . T. JAGGA RAO, AGED 49 YEARS,
R/o. MAKARAMPURAM (VILLAGE AND POST), KANCHILIMANDAL,
SRIKAKULAM DISTRICT.
2. THE UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF
PETROLEUM AND NATURAL GAS DEPARTMENT, SASTRI
BHAVAN, NEW DELHI.
...RESPONDENT(S):
CORAM : HON’BLE THE CHIEF JUSTICE MRS.JUSTICE LISA GILL
HON’BLE MR.JUSTICE NINALA JAYASURYA
DATE : 19.06.2026
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Present : Mr.G.Rama Gopal, Advocate for appellants.
1) Mr.M.R.Tagore, Advocate for respondent No.1
2) Deputy Solicitor General of India, Advocate for respondent No.2
Orders Reserved on : 04.05.2026
Orders Pronounced on : 19.06.2026
Orders Uploaded on : 19.06.2026
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The Court made the following Judgment: ( Per Hon‟ble Sri Justice Ninala Jayasurya)
Hindustan Petroleum Corporation Limited -2
nd
respondent in
W.P.No.3669 of 2023 aggrieved by order of learned Single Judge dated
08.01.2026, preferred the instant appeal.
2. Writ Petitioner applied for allotment of L.P.G. Distributorship in Sompeta
Town, Srikakulam District, pursuant to a Notification dated 15.09.2013 issued
by Hindustan Petroleum Corporation Limited (hereinafter referred to as
“HPCL”). Selection process could not be proceeded with in view of challenge
to the Guidelines for Selection of L.P.G. Distributors and stay granted in
W.P.No.32674 of 2013. Though writ petition was dismissed on 18.07.2014,
subsequent litigation resulted in further delay. After all hurdles were cleared,
HPCL initiated process of selection of L.P.G. Distributors by draw of lots. 1
st
respondent herein / writ petitioner was declared as successful candidate in
draw of lots. Vide letter dated 08.12.2022, he was called upon to deposit non-
refundable security deposit for Field Verification of Credentials (FVC) of his
application.
3. One of the unsuccessful candidates challenged the said selection and
filed W.P.No.40272 of 2022. During pendency of said writ petition, HPCL vide
Letter dated 31.01.2023 cancelled selection of 1
st
respondent, aggrieved by
which, he filed W.P.No.3669 of 2023. Learned Single Judge dismissed
W.P.No.40272 of 2022 and disposed of W.P.No.3669 of 2023 by a common
order dated 08.01.2026. Operative portion of order reads as follows:
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“14. In the present case, the 3
rd
respondent has duly fulfilled all
requisite formalities, with the lease agreement remaining effective until
06.08.2022. The 3
rd
respondent has paid lease dues for a period of
fourteen years. As the 2
nd
respondent –Corporation did not proceed
with the notification, the 3
rd
respondent withdrew / cancelled the lease.
Additionally, the 3
rd
respondent submitted a representation requesting
one-week extension and expressed willingness to enter into a lease
agreement for the subsequent fifteen years. However, the 2
nd
respondent-Corporation rejected his request without adequate
consideration. Eligible applicants such as the 3
rd
respondent should
not be penalized for circumstances beyond their control. The 2
nd
respondent-Corporation is legally bound to adhere to the principles of
natural justice by providing a fair opportunity to produce a valid lease
agreement prior to rejection, as eligibility is generally determined at the
time of application. The 3
rd
respondent fulfilled the requirements in
2013. The subsequent inability to sustain the lease arose from the
inability to pay rent over the past fourteen years.
15. This Court, having regard to the orders passed in W.P.No.27387
of 2022 and the contents of paragraph 11 of the counter affidavit
submitted by the respondent-Corporation in W.P.No.3669 of 2023,
finds it appropriate to direct the 2
nd
respondent-Corporation (in
W.P.No.40272 of 2022) to re-examine the candidature or selection of
the 3
rd
respondent. The 3
rd
respondent shall be granted sufficient time
to secure alternative land for the dealership. The process of allotment
shall proceed from the stage of field verification and credential
assessment.
16. In the result, with the above observation, Writ Petition No.3669 of
2023 is disposed of, and Writ Petition No.40272 of 2022 is dismissed.
No order as to costs.”
4. Petitioner in W.P.No.40272 of 2022 had not preferred appeal.
5. Learned counsel for HPCL argued that learned Single Judge erred in
not considering facts of the case with reference to Guidelines for Selection of
Regular L.P.G.Distributors, 2013 in the correct perspective. Drawing attention
of this Court to the relevant Guidelines he submits that applicants should own
as on the last date for submission of application as specified in the
Advertisement or Corrigendum (if any), a plot of land of minimum dimensions
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25 M x 30 M for construction of LPG godown and own a suitable shop of
minimum size 3 metres by 4.5 metres in dimension or a plot of land for
construction of showroom of minimum size 3 metres by 4.5 metres. In case of
construction of LPG Godown / Showroom by applicants on a plot of land
obtained on lease, learned counsel submits that Registered Lease Agreement
for minimum 15 years in the name of applicant as on the last date for
submission of application as specified in the advertisement or corrigendum (if
any), is essential.
6. In elaboration, he submits that applicant / respondent No.1 entered into
lease agreement commencing from 18.01.2013 to 17.01.2028 (both days
inclusive), that during Field Verification of Credentials it was found that
minimum 15 years lease for godown site as per Clause 6.1 (vii) of Selection
Guidelines was not fulfilled. He submits that last date for submission of
applications for LPG Distributorship as initially notified in Newspaper
Advertisement was 17.10.2013. However, subsequently vide Corrigendum
dated 08.10.2013, it was extended to 18.11.2013 and if said date i.e.,
18.11.2013 which is the last date for submission of applications is taken into
account, respondent No.1 fall short of minimum requirement of 15 years by 10
months and 1 day. That apart, he submits that during Field Verification, it was
also noticed that dimensions of showroom site offered by applicant /
respondent No.1 was not meeting requirements of minimum required
dimensions i.e., 3 metres x 4.5 metres as contemplated under Clause 6.1 (viii)
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of said Guidelines. Further, lease agreement in respect of showroom site is
from 18.01.2013 to 17.01.2028 and thus, fall short of minimum requirement of
15 years by 10 months and 1 day. He submits that in those circumstances,
HPCL rejected candidature of 1
st
respondent and rightly so, as Guidelines for
selection of LPG Distributors are not fulfilled.
7. In addition, he contends that learned Single Judge‟s view with reference
to adherence to principles of natural justice and providing an opportunity to
produce valid lease agreement prior to rejection is not tenable. He submits
that applicant shall meet all the requirements as on the last date for
submission of application in terms of Guidelines in all respects and if the same
are not fulfilled, LPG Distributorship cannot be granted. He submits that
question of providing an opportunity to comply with short falls does not arise at
all, that learned Single Judge was not right in relying on order passed in
W.P.No.27387 of 2022 and issuing directions as contained in order under
appeal. He submits that fact situation in W.P.No.27387 of 2022 is different to
that of present case; therefore learned Single Judge ought to have dismissed
writ petition, more particularly in the light of decision in W.A.No.682 of 2024,
which is squarely applicable to case on hand. Making said submissions,
learned counsel seeks to allow appeal by setting aside the order under
challenge.
8. Per Contra, learned counsel for respondent No.1 made submissions to
sustain order of learned Single Judge. He submits that lease agreements in
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respect of construction of LPG Godown and Showroom were entered into in
the year 2013 and having waited for more than 9 years, respondent No.1 was
compelled to cancel them on 06.08.2022 as lease amounts are being paid
without using land and with great hardship. He submits that in view of
selection of respondent No.1 in draw of lots, after 9 years, that too after
cancellation of Registered Agreements, at the time of Field Verification of
Credentials a request to grant one week time to furnish fresh agreements in
respect of Showroom place and Godown place was made. He submits that
HPCL instead of considering the request positively as delay in completion of
selection process is not attributable to respondent / applicant, in an unjust and
arbitrary manner rejected the same. He also submits that in similar
circumstances, selection process for allotment of LPG Distributorship at
another location pursuant to very same Notification dated 15.09.2013 was
challenged in W.P.No.27387 of 2022 and HPCL agreed to give opportunity to
one of the selected candidates to offer an alternative site for establishment of
LPG dealership. Therefore, stand taken by HPCL in the present case is
discriminatory and wholly unsustainable. In any event, learned counsel
submits that order of learned Single Judge contains cogent reasons, legal,
valid and does not suffer from any infirmity. He submits that appeal is devoid
of merits and liable to be dismissed.
9. This Court has considered submissions made and perused material on
record.
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10. At the outset, it may be pertinent to note that there is no dispute with
regard to issuance of Notification dated 15.09.2013 for allotment of LPG
Distributorship in different locations and non-finalization of allotments due to
Court cases. It is also not in dispute that process of selections re-commenced
after prolonged litigation. In draw of lots, insofar as subject matter location at
Sompeta, Srikakulam District, 1
st
respondent / writ petitioner was selected.
HPCL through Communication dated 08.12.2022, advised 1
st
respondent to
pay an amount of Rs.25,000/- (10% of Security Deposit of Rs.2.5 lakhs) so
that process of Field Verification of Credentials of his application can be taken
up. He was informed that Security Deposit of Rs.25,000/- will be forfeited, if
any discrepancies are observed during verification of credentials submitted by
him. Upon Field Verification of information submitted by 1
st
respondent, HPCL
rejected his candidature citing the following reasons:
“1. As per clause 6.1 (vii) of selection guidelines for regular LPG distributorship,
May 2013, you do not have minimum 15 years own/lease land for godown at the
advertised location. Hence not meeting minimum requirement as per selection
guidelines for regular LPG Distributorship May 2013.
2. As per clause 6.1 (viii) of selection guidelines for regular LPG distributorship
May 2013, you do not have minimum dimension of showroom land and minimum
15 years own/lease land for showroom at the advertised location. Hence not
meeting minimum requirement as per selection guidelines for Regular LPG
Distributorship May 2013.”
11. Rejection of candidature of respondent No.1, as submitted by learned
counsel for HPCL, is referable to Clauses 6.1 (vii) and (viii) of Guidelines for
Selection of Regular LPG Distributors, May, 2013. Clause 6 of the said
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Guidelines deals with eligibility criteria for individual applicants and
contemplates that the applicant-
“Should own as on the last date for submission of application as specified in the
advertisement or corrigendum (if any):
A plot of land of minimum dimensions 25 M x 30 M (within 15 km from
municipal/town/village limits of the location offered in the same State) for
construction of LPG Godown for storage of 8000 Kg of LPG in cylinders. The plot
of land for construction of godown not meeting the minimum dimensions of 25 M
x 30 M will not be considered.” [Clause 6.1 (vii) ]
or
……………… ..
………………. .
………………. .
“Own a suitable shop of minimum size 3 meters by 4.5 metre in dimension or a
plot of land for construction of showroom of minimum size 3 meters by 4.5 metre
as on the last date for submission of application as specified in the advertisement
or corrigendum (if any) at the advertised location or locality mentioned in the
advertisement. It should be easily accessible to general public through a suitable
approach road.” [ Clause 6.1 (viii) ]
In case an application has more than one shop of minimum size 3 metre by 4.5
metre in dimension or a plot of land for construction of showroom of minimum
size 3 metre by 4.5 metre as on the last date for submission of application as
specified in the advertisement or corrigendum (if any) at the advertised location
or locality as specified in the advertisement, the details of the same can also be
provided in the application.
Reference vii & viii above:
„Own‟ means having ownership title of the property or registered lease
agreement for minimum 15 yrs., in the name of applicant / family member (as
defined in multiple distributorship norm of eligibility criteria) as on the last date for
submission of application as specified in the advertisement or corrigendum (if
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any). In case of ownership/co-ownership by family member(s) as given above,
consent in the form of a Notarized Affidavit from the family member(s) will be
required.”
12. From a reading of above referred Clauses, requirement of HPCL is a
plot of land of a minimum dimension of 25 M x 30 M for construction of LPG
godown and a suitable shop of minimum size of 3 metres by 4.5 metres
dimension or a plot of land for construction of showroom of minimum size of 3
metres by 4.5 metres. Further, applicants must own plot of land / shop as on
the last date for submission of application as specified in Advertisement or
Corrigendum (if any) and in case of property being obtained on lease, it shall
be through a registered document for minimum 15 years in the name of
applicant as on the last date for submission of application. It is not in dispute
that last date for submission of application for allotment of LPG Distributorship
in question was 18.11.2013. It is also not in dispute that lease agreements
submitted by 1
st
respondent both in respect of plot for construction of godown
and showroom were for a period from 18.01.2013 to 17.01.2028. If the said
period is taken into account, it does not meet requirement of HPCL as
contemplated in Clause 6.1 (vii) and fall short by 10 months and one day.
That apart, the dimension of plot for construction of showroom is 3 metres by
4.5 metres. From a reading of Lease Agreement dated 18.01.2013 in respect
of land obtained for construction of LPG Showroom, the extent was 9 feet
(2.743m) x 12 feet (3.65m) as against requirement of HPCL 3 Mts., x 4.5 Mts.
1
st
respondent / applicant purportedly cancelled both the agreements owing to
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financial difficulties, but the fact remains that at the time of Field Verification of
Credentials, HPCL authorities found that 1
st
respondent / applicant is not
meeting the requirements as per Guidelines for Selection of Regular LPG
Distributors and accordingly rejected his candidature.
13. Irrespective of cancellation of lease agreements, the shortfalls / defects
as observed by authorities of HPCL disentitles 1
st
respondent / applicant for
allotment of Distributorship and rejection of candidature is therefore valid. If
applicants fail to meet / satisfy the requirements of HPCL in terms of
Guidelines referred to above, their candidature can be rejected and providing
any opportunity to cure defects does not arise at all, much less in the absence
of any provision in the Guidelines.
14. The Hon‟ble Supreme Court in Bharat Petroleum Corporation Ltd.,
and Others v. Swapnil Singh
1
, had an occasion to deal with a similar clause
like in present case. BPCL through a brochure issued in April, 2011 invited
applications for allotment of LPG Distributorship. Eligibility criteria as per
paragraph 7 (vi) is that applicant should own a plot of land of adequate size
(within 15 km from municipal / town / village limits of the location offered in the
same State) for construction of Godown as on the date of application.
Application of respondent before the Apex Court was processed and in draw
of lots, he was selected. However, during process of Field Verification,
authorities noticed that he had entered into Lease Agreement on 20.12.2012
1
2015 SCC OnLine SC 1922
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for a period of 15 years and that Lease Agreement was registered only on
21.12.2012. In other words, Field Verification discloses that he did not have a
Registered Lease Deed as on the date of application i.e., on 13.09.2011. In
view of the same, allotment of LPG Distributorship was cancelled. On
challenge, a learned Single Judge of Calcutta High Court dismissed writ
petition holding that applicant was ineligible at the time when application was
made and therefore, cancellation of LPG Distributorship by Corporation was
in order.
15. Division Bench, however, reversed order of Writ Court and thereby
HPCL filed an appeal. Hon‟ble Supreme Court, while allowing the same
opined that brochure read with application form is absolutely clear in the
sense that applicant must be owner of the specified area of land or must have
a Registered Lease Deed of the specified area of the land as on the date of
application and held that on the date of application, respondent was not
eligible in terms of brochure and the application form.
16. In identical circumstances, a Division Bench of this Court in Writ Appeal
No.682 of 2024 upheld decision of a learned Single Judge, wherein rejection
of candidature of an applicant for LPG Distributorship was not interfered with.
Selection for allotment of LPG Distributorship pursuant to Notification dated
15.09.2013 was delayed due to legal hurdles like in case on hand. Ultimately,
process was re-commenced and appellant before Division Bench was
selected in draw of lots. However, subsequently his candidature was rejected
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on the premise that in Field Verification of Credentials, it was found that land
offered by him for establishing Godown and Showroom does not meet
requirements of HPCL in terms of Guidelines for Selection of Regular LPG
Distributors, 2013. Writ petition filed against rejection proceedings was
dismissed. In appeal, it was inter alia contended that cancellation is in
violation of principles of natural justice and that had an opportunity been
afforded, appellant / applicant would have submitted requisite documents /
deeds for carrying on Distributorship and in fact, earlier lease deed in respect
of required land was terminated pending process of selections which were not
finalized even after completion of about 10 years from the date of publication
of Notification for appointment of LPG Distributorship. Division Bench while
rejecting the contentions, dismissed appeal by order dated 09.08.2024.
Relevant portion of it reads as follows:
“7. That apart, it is not the case of the petitioner that there are no discrepancies
at the time of the field verification and no variance with reference to Clauses 6.1
vii & 6.1 viii of the 2013 Guidelines. On the other hand, the material on record
i.e., letters of Hon‟ble Member of Parliament dated 25.04.2023 and 14.05.2023
fortifies the plea of the Corporation that the petitioner did not have any valid lease
for the godown land and own / registered land for showroom. Further, from a
reading of the said letters, it would appear that on granting LPG Distributorship to
the petitioner, he would arrange the new sites for godown and showroom, within
the time that may be stipulated by the Corporation. Though, in this regard, it is
contended that had a notice been issued, the petitioner would have rectified the
defects / discrepancies and non-issuance of notice / providing an opportunity
amounts to violation of principles of natural justice, this Court see no merit in the
said contention. Possessing own / lease land for showroom and godown is a
pre-requisite condition for appointment of LPG Distributorship and the petitioner
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failed to satisfy the same in terms of Clause 6.1 vii and Clause 6.1 viii, which
were appreciated by the learned single Judge. Therefore, the question of curing
the defects, much less, in the absence of any clause providing for such
rectification in 2013 Guidelines does not arise at all.”
The Hon‟ble Supreme Court vide Order dated 06.12.2024 dismissed
petition for Special Leave to Appeal (C) No.28296 of 2024 filed against
Judgment of Division Bench.
17. Aforesaid judgments apply on all fours to the case on hand. Therefore,
contentions advanced by learned counsel for appellants merit acceptance.
18. So far as the contention advanced by learned counsel for 1
st
respondent
with reference to order in W.P.No.27387 of 2022 and action of HPCL in
rejecting candidature of 1
st
respondent is discriminative, though at the first
blush appears to be attractive, does not merit acceptance. Specific stand of
HPCL stated in Para No.11 of counter-affidavit, in our view, was not
appreciated by Writ Court in correct perspective. HPCL taking into account
long delay in completion of selection process of candidates for allotment of
LPG Distributorship came forward to provide an opportunity to applicants to
offer alternate land / site in accordance with Guidelines applicable to 2013
Notification, in the event, they meet all other requirements as per said
Guidelines. Learned Writ Court missed the crucial aspect that application as
submitted by 1
st
respondent fall short of HPCL‟s requirements at the threshold,
which renders his candidature liable for rejection on the said ground.
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Therefore reliance on the orders in W.P.No.27387 of 2022 is of no help.
Concession made by HPCL is not applicable to the present fact situation.
19. For the aforesaid mentioned reasons, order under challenge is not
legally sustainable and same is accordingly set aside.
20. In the result, appeal is allowed. No costs. Pending application(s), if any,
stands dismissed.
(LISA GILL) (NINALA JAYASURYA )
CHIEF JUSTICE JUDGE
Date:19.06.2026
BLV
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HON’BLE THE CHIEF JUSTICE MRS. JUSTICE LISA GILL
&
HON’BLE MR. JUSTICE NINALA JAYASURYA
Writ Appeal No.253 of 2026
19
th
June, 2026
BLV
In a significant decision, the Andhra Pradesh High Court has meticulously clarified the stringent adherence required for [Main Keyword 1], overturning a Single Judge’s directive in [Main Keyword 2]. This pivotal ruling, now available on CaseOn, underscores the imperative of meeting all eligibility conditions at the time of application, a principle frequently debated in public tenders. CaseOn’s platform ensures legal professionals have immediate access to such critical judgments, facilitating thorough legal research and case preparation.
The case, identified as Writ Appeal No: 253 of 2026, was heard by a division bench comprising Hon'ble The Chief Justice Mrs. Justice Lisa Gill and Hon'ble Mr. Justice Ninala Jayasurya on June 19, 2026. It originated from a challenge brought by Hindustan Petroleum Corporation Ltd. (HPCL) against an order issued by a Single Judge.
The dispute revolved around the selection process for an LPG Distributorship initiated by HPCL back in 2013. Due to various legal challenges and subsequent delays, the selection process, which included a 'draw of lots', was only finalized much later. Mr. Tarmarala Prasad (Respondent No.1) was declared a successful candidate for the distributorship in Sompeta Town, Srikakulam District.
Following Mr. Prasad's selection, HPCL initiated the Field Verification of Credentials (FVC). During this stage, critical discrepancies were found:
These failures meant Mr. Prasad did not meet the fundamental eligibility criteria *as on the last date for submission of the application*, a crucial point explicitly stated in the guidelines.
The central legal question before the High Court was whether an applicant, who failed to meet essential eligibility criteria (specifically concerning land lease duration and showroom dimensions) as of the application deadline, could be granted a subsequent opportunity to rectify these defects after being selected, especially when the governing guidelines did not provide for such a concession. The Single Judge had directed HPCL to re-examine Mr. Prasad's candidature and allow him to secure alternative land, prompting HPCL's appeal.
The High Court relied on established principles and precedents:
2013 Selection Guidelines: Clauses 6.1 (vii) and (viii) explicitly require applicants to own or have a registered lease for a minimum of 15 years for both godown and showroom sites, with specific dimension requirements. Crucially, these conditions must be met "as on the last date for submission of application as specified in the advertisement or corrigendum (if any)."
Supreme Court Precedent (Bharat Petroleum Corporation Ltd. v. Swapnil Singh, 2015): This landmark ruling affirmed that eligibility criteria must be strictly met *as on the date of application*. Any failure to do so, such as not possessing a registered lease deed for the specified area on the application date, renders the applicant ineligible.
Division Bench Precedent (W.A. No. 682 of 2024): In identical circumstances, a Division Bench of the same High Court had previously upheld the rejection of a candidate for an LPG Distributorship, emphasizing that possessing the required land is a pre-requisite and that offering opportunities to cure defects, especially when not provided for in the guidelines, is not permissible.
The High Court carefully analyzed the facts against the backdrop of the established rules:
Initial Ineligibility: The court unequivocally found that Mr. Prasad's application inherently suffered from fundamental flaws. The lease agreements for both the godown and showroom sites did not meet the 15-year minimum duration, and the showroom dimensions were inadequate. These were not issues that arose later but were present *at the time of application submission*, contrary to the explicit terms of the 2013 Guidelines.
No Provision for Rectification: The guidelines are silent on providing an opportunity to cure such initial eligibility defects. The court reiterated that if an applicant fails to meet the threshold requirements, their candidature is simply invalid. Providing an opportunity to secure alternative land, as directed by the Single Judge, would effectively bypass these essential criteria.
Distinguishing Previous Concessions: Mr. Prasad argued discrimination, citing another case (W.P.No.27387 of 2022) where HPCL had agreed to offer an opportunity to an applicant to provide an alternative site. However, the High Court distinguished this. It clarified that HPCL's concession in that instance was for candidates who otherwise met all initial eligibility criteria but needed to offer an *alternate* site. In Mr. Prasad's case, the problem was a failure to meet the *initial* requirements at the time of application, a crucial difference that the Single Judge had overlooked. At CaseOn.in, legal professionals can quickly reference 2-minute audio briefs that explain such nuanced distinctions, ensuring a rapid understanding of complex rulings and their implications.
Binding Precedents: The Supreme Court's ruling in *Swapnil Singh* and the Division Bench's decision in W.A. No. 682 of 2024 served as strong precedents, reinforcing the principle that eligibility must be determined on the application date, and subsequent attempts to cure defects are generally not permissible.
For the reasons analyzed, the High Court concluded that the Single Judge's order was legally unsustainable. The applicant's failure to meet the fundamental eligibility criteria at the threshold of the application process, coupled with the absence of any provision in the guidelines for rectifying such defects, rendered his candidature invalid. The appeal filed by HPCL was, therefore, allowed, and the Single Judge's order directing re-examination and an opportunity to secure alternative land was set aside.
The Andhra Pradesh High Court's ruling in Writ Appeal No: 253 of 2026 decisively clarified the strict interpretation of eligibility criteria for LPG Distributorships. It emphasized that all conditions, particularly regarding land ownership/lease and dimensions for godowns and showrooms, must be fulfilled precisely as on the last date of application submission. The Court found that the applicant, Tarmarala Prasad, failed to meet these foundational requirements, rendering his selection ineligible. It rejected arguments for providing an opportunity to cure these initial defects, citing binding Supreme Court and Division Bench precedents, and distinguished the case from others where concessions were made for offering alternate land by otherwise compliant candidates. Consequently, the High Court allowed HPCL's appeal, setting aside the Single Judge's order which had sought to grant the applicant a second chance to rectify his initial ineligibility.
This judgment serves as a vital reference for legal professionals and students for several reasons:
All information provided in this article is for informational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy, readers are advised to consult with a qualified legal professional for advice pertaining to their specific circumstances.
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