IMPORTANT POINT
Administrative decisions must be made fairly and cannot be rejected on hyper-technical grounds if the applicant has complied with all requirements and invested in the project.

ORDER :

SACHIN SINGH RAJPUT, J.

1. The petitioner has filed this petition seeking following relief:-

(A) That this Hon’ble Court may kindly issue a writ of Certiorari quashing the letter dated 01.12.2021 (Annexure P-9).

(B) That this Hon’ble Court may kindly issue a writ of Mandamus directing the respondent authorities to establish the Retail Outlet in terms of LOI.

(c) That any other relief which this Court thinks fit in the interest of justice & equity.

2. Learned counsel for the petitioner submits that an advertisement was issued by the respondent for installation of retail outlet (Petrol Pump) at Village Dhurkot on Jangir-Champa, Kera Road, Tehsil Navagarh, District Janjgir (CG) for reserved category. In pursuance of the advertisement, the petitioner offered his candidature for the same which was accepted vide Annexure P-1 specifically mentioning the location of the site as village Dhurkot on Jangir Champa Kera Road, Tehsil Navagarh, District Janjgir (CG). Thereafter, letter of intent dated 01.01.2020 (Annexure P-2) was issued by the respondent confirming the selection of the petitioner in compliance of which, the petitioner deposited the requisite fee with the respondent vide Annexure P-3. Subsequently, NOC was also granted from the office of Collector (Food Branch) District Janjgir Champa issued to the respondent permitting it to establish the retail outlet (Petrol Pump) annexing a copy of the site map. When no proceedings were carried out by the respondent regarding installation of the retail outlet (Petrol Pump), the petitioner made several representations, some of them being Annexure P-5 and Annexure P-6. Since the respondent remained heedless to the requests of the petitioner, he filed a writ petition being WPC No.4281 of 2021 where this Court vide its order dated 27.10.2021 directed the respondent to decide the representations filed by the petitioner within 45 days therefrom. In compliance of the said order, the respondent vide its communication letter dated 01.12.2021 (Annexure P-9) dismissed the representation of the petitioner on the ground that the location of retail outlet (Petrol Pump) at village Dhurkot is not situated within the confines of Tehsil Navagarh rather it is within the Janjgir Tehsil and thus the requirement mentioned in the advertisement is not fulfilled. He further submits that after the letter of intent was issued, the petitioner made substantial development in the said land and spent huge amount of money. He submits that even if it is assumed that the said village is not situated in Tehsil Navagarh, but the facts remains that said location is very much situated within the territorial jurisdiction of District Janjgir-Champa within which Tehsil Navagarh also falls. He submits that there is one more village by name Dhurkot, but it is within some other District. He submits that in pursuance of the advertisement issued by the respondent, the petitioner offered his candidature very fervently and after selection, letter of intent was also issued in his favour. He submits that after undertaking such an arduous exercise and investing huge amount on the project, all of a sudden he cannot be branded as ineligible for allocation of retail outlet (Petrol Pump) on a flimsy and hypertechincal ground of the location for such installation being beyond the confines of Navagarh Tehsil. Therefore, he submits that document of Annexure P-9 not accepting the candidature of petitioner for installation of retail petrol outlet may be quashed and the respondent may be directed to proceed further in the light of letter of intent issued in favour of the petitioner. Lastly, relying upon a election certificate (Annexure P-13), counsel for the petitioner submits that the location for installation of retail petrol outlet sought for by him very much falls within the Navagarh area.

3. Per contra, Mr. Shukla, learned counsel for respondent vehemently opposes the submissions made by learned counsel for the petitioner and submits that i