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ASHWANI KUMAR SINGH, ANSHUMAN
Manjeet Kumar Thakur @ Manjit Kumar Thakur – Appellant
Versus
Union of India – Respondent
ASHWANI KUMAR SINGH, J.:–Heard Mr. Sanjeev Kumar Mishra, learned counsel for the petitioner and Mr. Neeraj Kumar Gupta, learned counsel for the respondents.
2. In the present application, the petitioner has prayed for quashing the letter dated 19.10.2019 issued by the Regional Office of the Hindustan Petroleum Corporation Limited (for short ‘HPCL’) whereby the candidature of the petitioner for award of Retail Outlet (RO) Dealership at between Parsa Chowk and Sanichari Chowk of NH-28B in the district of West Champaran has been rejected on the ground that the Land Evaluation Committee found the site offered by the petitioner to be not meeting the required norms. Subsequently, the petitioner filed an Interlocutory Application vide I.A. No.02 of 2021 for adding the prayer to quash the part of the selection list by which the respondent-HPCL selected one Rajnish Rao in place of the petitioner.
3. The petitioner’s case succinctly is that respondent- HPCL published notification in the newspaper on 25.11.2018 for appointment of Retail Outlet Dealership for all the States of India including the State of Bihar. Accordingly, an advertisement was published by the HPCL for award of Retail Outlet D
Eligibility criteria for dealership require land to be free of high tension electricity lines; non-compliance with guidelines results in automatic disqualification without rectification opportunity.
: High Court while exercising powers under Article 226 of Constitution of India cannot sit as appellate court over decision of NHAI more particularly when same has not been challenged.
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....
For eligibility in the allotment of a retail outlet dealership, the applicant must possess a lease deed executed by all co-owners of the offered land at the time of application submission.
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