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SACHIN SINGH RAJPUT
Sanjeev Kiran S/o Shri Sarvan Kiran – Appellant
Versus
Indian Oil Corporation Ltd. – Respondent
ORDER :
SACHIN SINGH RAJPUT, J.
1. The petitioner has filed this petition seeking following relief:-
(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 Annex
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.
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....
Competitive harm does not constitute legal injury under 'damnum sine injuria'; disputes involving pure questions of fact should not be adjudicated in writ jurisdiction.
The court established that IRC Guidelines are directory and do not confer a legal right to challenge the issuance of a Letter of Intent based on proximity.
An applicant cannot challenge the classification of a Retail Outlet after applying for it, especially when aware of their ineligibility based on category reservations.
Point of Law : Applications for selection of regular LPG distributorships were invited in April, 2011 by BPCL. One of the eligibility criteria was that the applicant should own a plot of land of adeq....
Proper due diligence is essential in assessing the location of a plot for setting up a retail outlet. If a party is not found to be involved in any fraud or misrepresentation, they may be entitled to....
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