IMPORTANT POINT
Public authorities must adhere to legal standards and principles of natural justice when making decisions affecting property rights.

ORDER :

(Venkateswarlu Nimmagadda, J.) :

1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief :

“To issue writ of mandamus to declare the decision on grievance Ref USDIS/P/2024/0000007 dated 22.12.2023 received on 03.01.2024 by the Respondent No 1 and the letter of appointment issued by the Respondent No 3 to Respondent 4 vide Ref VT/SKM/BHYRI VILLAGE/G dated 30 03 2021 as illegal arbitrary unreasonable and unconstitutional and it amounts to violation of Articles 14, 16, 21 and 300A of the constitution of India and contrary principles of natural justice and set aside the same direct the respondent 1 to pass orders in terms of Rule 1521 of the Petroleum Rules 2002”

2. The brief facts of the case in nut-shell are that, the petitioner purchased land of an extent of Ac.0-29 cents in Sy.No.31-2C in Bhyri Village, Srikakulam District vide Registered Sale Deed bearing Document No.4406/2018. Similarly, on the same day i.e. 23.06.2018, father of Respondent No.4 also purchased land of Ac.0-29 cents in Sy.No.31-2C, Bhyri Village, Srikakulam District vide Registered Sale Deed bearing Document No.4407/2018. While so, the respondent BPCL advertised for retail outlet in Bhyri Village under regular/open category and in conservance to the public notification, Respondent No.4 applied for the same. After due procedure and selection, a letter of intent was issued by Respondent No.3 to Respondent No.4 specifying the condition that the land arranged by Respondent No.4 should be acquired by way of registered lease for a minimum period of 19 years 11 months. Respondent No.4 approached the petitioner and offered 50% partnership and sought to give petitioner’s land of an extent of Ac.0-29 cents in Sy.No.31-2C to establish the subject retail outlet, whereas, Respondent No.3 issued a Letter of Appointment to Respondent No.4 even though the conditions of acquisition of land ownership or lease condition as specified in the Letter of Intent is not fulfilled and got registered the firm as sole proprietor and did not get any lease in respect of petitioner’s land and also not constituted any partnership with the petitioner as promised, and further submitted the created documents in respect of entire extent including petitioner’s land. Thereafter the petitioner was suspicious about the promise made, and conduct of Respondent No.4, and came to know about the condition in the Letter of Intent issued by Respondent No.3 with regard to required land. The petitioner’s son filed an application under Right to Information Act, 2005 seeking copy of lease document. The said application was rejected by the concerned authority. Thereafter, the petitioner preferred an appeal to the Appellate Authority. The Appellate Authority disposed the appeal stating that the affidavit given by the petitioner to Respondent No.3 is not true. It is contended that, though, father of Respondent No.4 Bhyri Suryanarayana was not the owner of the entire land i.e. Ac.0.29 cents + Ac.0.29 cents = Ac.0.58 cents of land, but, he leased out Ac.0-54 cents in Sy.No.31-2C to his son as if he is owner and in turn Respondent No.4, arranged entire land for retail outlet for ten years. Though the petitioner approached Respondent No.1 and sought justice in the matter, Respondent No.3 sent a letter stating that the committee intends to look into certain documents. A grievance was lodged in the Public Grievance Portal, wherein, Respondent No.1 closed the complaint based on the letter of Respondent No.3, without looking into the mater. Aggrieved by the action of the respondents, the present writ petition is filed.

3. Respondent Nos.2 & 3 filed common counter affidavit, denying the allegations made in the affidavit. It is submitted as follows:

a. The petitioner never approached this corporation seeking partnership in the dealership and there is not even a proposal for reconstitution process and thus the understanding or offer of partnership without obtaining w