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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G. S. Kulkarni, Advait M. Sethna
Sagar Bhagirath Karate – Appellant
Versus
Indian Oil Corporation Ltd., through its Selection Committee – Respondent
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., 4th 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
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.
A notarized lease deed is legally ineffective; eligibility for a dealership requires a registered deed on the application date, according to statutory guidelines.
Eligibility for dealership required a valid registered lease deed by application date; unregistered or notarized documents are legally insufficient.
An applicant for a dealership must satisfy eligibility criteria by holding a registered lease at the time of application; unregistered lease deeds are legally ineffective.
Eligibility for dealership depends on submitting all co-owners' lease deeds as per Brochure Clause; a preliminary decree is insufficient without a final decree.
Ownership of land requires all co-owners to execute a lease deed; consent letters cannot suffice for eligibility.
Compliance with lease deed requirements in dealer selection guidelines is mandatory, rendering any submission lacking full execution invalid.
The court upheld the rejection of the petitioner's application for a retail outlet dealership due to failure to meet land suitability criteria as per the Brochure guidelines.
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