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IN THE HIGH COURT AT CALCUTTA
SUBHENDU SAMANTA
Arup De – Appellant
Versus
Gurpreet Singh – Respondent
JUDGMENT :
Subhendu Samanta J.
1. Indian Oil Corporation Limited published an advertisement for appointment of LPG Distributor in the State of West Bengal. The petitioner applied for the location at Dhupguri, Block- Dhupguri Municipality, District- Jalpaiguri under Category- Open. Draw of lots was held amongst the applicants for the said location wherein the petitioner declared successful IOCL informed petitioner vide a letter dated 31.5.2018 to deposit of Rs.50,000/- and to submit documents mentioned therein within 7 working days for conducting Field Verification Credentials (FVC). Accordingly, the petitioner has deposited the said amount along with all required document. It is the contention of the petitioner that petitioner has complied with the formalities as required by IOCL authorities but the IOCL authorities had not proceeded further due to some pending litigation.
2. Hence, the instant writ seeking mandamus upon the concerned authority to conclude the necessary formalities and allow the petitioner to run the LPG business.
3. Through the affidavits, it appears that in the same location there were existence of an agent, namely, M/s. Bimala Gas Service whose license was terminat
The doctrine of promissory estoppel does not apply when a public authority's obligation to proceed with a distributorship license is impeded by existing legal disputes, and equitable considerations m....
The court affirmed that adherence to procedural guidelines and prior court orders is essential in administrative decisions regarding distributorship licenses.
The court emphasized the importance of verifying the eligibility of a candidate on the last date of the application and upheld the IOCL's discretion to accept alternative land due to the long delay i....
The court emphasized the importance of compliance with the terms and conditions of the brochure and the need for approval before concluding a violation.
The court emphasized the importance of providing accurate and complete information in the application for dealership agreements, and upheld the contractual grounds for termination based on the incorr....
The court established that compliance with specific eligibility criteria, including land ownership and dimensions, is essential for the approval of LPG distributorship applications, and that subseque....
'Family Unit' in case of married person / applicant, shall consist of individual concerned, his/her Spouse and their unmarried son(s) / daughter(s). In case of unmarried person/ applicant, 'Family Un....
The rejection of an LPG distributorship application is valid if eligibility criteria related to land ownership, as per selection guidelines, are not met, and principles of natural justice are not vio....
The court established that termination of a distributorship must adhere to due process and contractual obligations, emphasizing the need for prior consent in partnership arrangements.
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