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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Suraj Govindaraj
Jayashama, S/O Jayaprasad – Appellant
Versus
Union Of India, Ministry Of Petroleum And Natural Gas, Rep By Its Secretary New Delhi – Respondent
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ORDER :
Suraj Govindaraj, J.
1. The petitioner is before this Court seeking for the following reliefs:
i. To issue a writ of certiorari quashing of the Cancellation of Candidature letter dated 15.02.2019 sent by the Respondent No.3 produced herewith as Annexure-A and Annexure-W, the No Objection Certificate dated 16.03.2022 bearing No.ARM(3)CR 56/2019/E-76044/C3 to the petition, and for a Writ of Mandamus seeking direction on the Respondents to cancel the whole selection process for dealership and call for fresh process by changing Regular RO to Rural RO and the category from SC to open at Bellare leaving opportunity to the petitioner for filing fresh application seeking candidature, and for such other and further relief in the facts and circumstances of the case, in the interest of justice and equity.
2. The petitioner claims to be an engineering graduate and the owner of some of the properties, which he acquired under family partition dated 03.06.2015, which has resulted in his severance from the family status. Pursuant to which he claims that he has no connection with his earlier family.
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3. The petitioner being interested in setting up of a Retail Outlet (‘RO’ for short) for sellin
An applicant cannot challenge the classification of a Retail Outlet after applying for it, especially when aware of their ineligibility based on category reservations.
Allotment of dealership - Cancellation of selection process - As long as final allotment of dealership is not made by the Company, the petitioners do not have any vested right to start Retail Outlets....
Point of Law : Applications for selection of regular LPG distributorships were invited in April, 2011 by BPCL. One of the eligibility criteria was that the applicant should own a plot of land of adeq....
Respondents cannot impose unadvertised conditions post-application, as the applicant's land met the described criteria, thereby affirming the legitimate expectation of the applicant.
The court confirmed that a specific location's advertisement does not necessitate the land being in a specified village, protecting the applicant's legitimate expectation for dealership consideration....
Administrative decisions must be made fairly and cannot be rejected on hyper-technical grounds if the applicant has complied with all requirements and invested in the project.
The specific eligibility criteria in a tender or advertisement must be strictly complied with, and the terms of the advertisement or brochure must be given meaning and necessary significance.
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