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KRISHNA RAO
Mini Oraon – Appellant
Versus
Hindustan Petroleum Corporation Limited – Respondent
JUDGMENT :
(Krishna Rao, J.)
Being aggrieved with the communication dated 19th January, 2022, issued by the respondent no.3 to the petitioner informing the petitioner that the candidature of the petitioner has not been found suitable for allotment of the Retail Outlet Dealership as the petitioner has not submitted NHAI clarification certificate as to the suitability of the land not submitted by due date, the petitioner has filed the present writ application.
2. The respondent no.1 company had published a notice for appointment of regular/rural retail outlet dealerships (Petrol Pump) on 25th November, 2018 in different locations in the State of West Bengal. As per the notice, the petitioner had submitted an application for allotment of Retail Outlet Dealership of Petrol Pump under category of Scheduled Tribes.
3. By a communication dated 15th January, 2019, the respondent no.3 informed the petitioner that the petitioner had not submitted offer for a suitable land for allotment of retail outlet and directed the petitioner to submit within three months failing which the application of the petitioner will be rejected. The petitioner had submitted the details of the land between Changpa
The rejection of a Scheduled Tribe applicant's candidature for a Retail Outlet Dealership was quashed due to failure to provide the mandated extension period for document submission, emphasizing fair....
: 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.
The court affirmed that applicants must be provided an opportunity to rectify deficiencies in their land documentation before rejection of their dealership applications, emphasizing the principles of....
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.
The petitioner's insistence on pursuing alternative land without obtaining a NOC from NHAI for the initially offered land was impermissible.
The main legal point established in the judgment is that an establishment has the power to correct its decision, including the cancellation of candidature, based on valid reasons such as land qualifi....
Judicial review is justified when administrative decisions lack transparency and fairness in adherence to established procedural guidelines.
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