The requirement of a registered lease deed for land in dealership applications is mandatory to prevent disputes and protect investments, and failure to comply results in rejection of the application.

ORDER :

G.S. Kulkarni, J.

1. This petition under Article 226 of the Constitution of India has prayed for the following substantive reliefs:

“(a) That this Hon’ble Court be pleased to issue Writ of Mandamus or any other appropriate writ or order or direction in the nature of Mandamus, thereby quashing and setting aside the said Communication, i.e., 4^th e-mail dated 02.01.2024 (Exhibit H) and Letter dated 08.02.2024 (Exhibit K).

(b) That this Hon’ble Court be pleased to issue Writ of Mandamus or any other appropriate writ or order or direction in the nature of Mandamus, thereby directing the respondents to consider the said application bearing no. IOC16953799891734 (Exhibit B) for selection as eligible in Group II and reinstate the claim on the said Application for award of RO Dealership of IOCL under Class II Group without further delay.”

2. On 28 June, 2023, respondent no. 1-Indian Oil Corporation Ltd. (for short “IOCL”) published an advertisement along with a brochure for selection of dealers for Regular & Rural Retail Outlets through bidding process. In pursuance of the said advertisement, the petitioner on 22 September, 2023 submitted an online application. The petitioner was a Group II applicant. The application of the petitioner was to be submitted in the prescribed form along with all the relevant documents. One of the document was a notarized lease deed which was submitted by the petitioner along with the application.

3. At this juncture, we may note that there are several terms and conditions which are required to be fulfilled in making the application and more particularly in respect of the land which is being offered for setting up of a retail outlet being applied for. One of such essential requirement is of the applicant possessing a registered sale deed or gift deed in respect of the land and if it is a leasehold land, a registered lease deed. The conditions in that regard are found in Clause 4(vi), providing for the “Eligibility Criteria” which reads thus:

“4. ELIGIBILITY CRITERIA FOR INDIVIDUAL APPLICANTS –

PROPRIETORSHIP / PARTNERSHIP Common Eligibility Criteria for all Categories applying as Individual (as on date of application unless mentioned otherwise)

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(vi) Land (Applicable to all categories):

The applicants would be classified into three groups as mentioned below based on the land offered or land not offered by them in the application form: -

Group–1: Applicants having 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: Applicants having 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.

Group-3: Applicants who have not offered land in the application. Only applicable for locations advertised under SC/ST category.

Applications under Group - 3 would be processed/advised to offer land (Annexure - D) only in case no eligible applicant is found or no applicant get selected under Group - 1 & Group – 2.

In case land offered by all the applicants under Group - 1 & Group - 2 is found not suitable/not meeting requirements, then these applicant/s under Group - 1 & Group - 2 along with applicants under Group - 3 (who did not offer land along with application) would be advised by the OMCs to provide suitable land in the advertised location/stretch, within a period of 90 days from the date of issuance of intimation letter to them through SMS/e-mail. In case the applicant fails to provide suitable land within the prescribed period, or the land provided is found not meeting the laid down criteria, the application would be rejected.

The other conditions with respect to offering of land are as under: -

a) The land should be available with the applicant as on the date of application and should have minimum lease of 19 years and 11 months (as advertised by respective oil company) from the date or after the date