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 adequate size and specific descriptions provided therein, on the date of application.

JUDGMENT :

MANISH CHOUDHURY, J.

1. By this writ petition, the petitioner invoking the extra-ordinary jurisdiction under Article 226 of the Constitution of India, has assailed the decision of the respondent authorities in Indian Oil Corporation Limited (IOCL) whereby they have selected and appointed the respondent no. 3 for the dealership of a Regular/Rural Retail Outlet (Petrol Pump) at a location advertised as ‘Within 5 KMs from Numaligarh Tiniali on RHS of NH-37 (old) while moving from Numaligarh towards Dergaon’ and also for a direction to issue a Letter of Intent in favour of the petitioner for the dealership of the said Regular/Rural Retail Outlet (Petrol Pump).

2. The background facts which are not in dispute, can be narrated, in brief, as follows:

2.1. By a notice published in the daily English newspaper ‘The Assam Tribune’ in its issue dated 25.11.2018, applications were invited by the respondent IOCL for appointment of retail outlet dealers at various locations in the State of Assam. It was mentioned that the applications for the retail outlets along with online payment of non-refundable application fees, as applicable, had to be submitted online by the last date of submission fixed on 24.12.2018. The last date of submission of the applications was, later on, extended up to 25.12.2018. The notice published in the newspaper further mentioned that the detailed advertisement and the brochure were available in the website and the applicants, in their own interest, should carefully go through the same and understand the conditions of selection before submitting their applications. One of such locations advertised for appointment of retail outlets was ‘Within 5 KMs from Numaligarh Tiniali from RHK of NH-37 (old) while moving Numaligarh towards Dergaon’ (‘the Location’ for short).

2.2. In response to the notice, the petitioner submitted his application by filling up the details in the prescribed format of application along with the requisite application fee on or before the last date of submission for the Location. The Location was advertised for the candidates from the OBC Category. The petitioner’s application reference no. was 15457028932371. On 19.01.2019, the petitioner was informed by the respondent authorities in the IOCL that he had been qualified for draw of lots of Retail Outlet dealership for the Location. He was asked to be present in person along with an identity card at the scheduled time on 30.01.2019 at the address mentioned therein.

2.3. The petitioner accordingly attended the draw of lots at the scheduled venue on 30.01.2019. The draw of lots took place on 30.01.2019 as per schedule and in the said draw of lots, the petitioner was declared as the successful candidate for the Retail Outlet dealership at the Location. The petitioner was intimated to that effect by the respondent IOCL authorities by a communication dated 31.01.2019. The petitioner was also requested to remit an amount of Rs. 40,000/- towards initial security deposit by online and to submit a set of documents, specified therein, within 10 (ten) days at the address mentioned for the purpose of processing his application further for award of the Retail Outlet dealership at the Location. The petitioner deposited the amount of Rs. 40,000/- online for processing his application on 08.02.2019. The petitioner has averred that he had submitted the documents mentioned in the communication dated 31.01.2019.

3. The case of the petitioner projected in this writ petition is that after depositing the amount of Rs. 40,000/- towards initial security deposit and submission of the documents for processing his application, he was awaiting further communication from the respondent IOCL authorities regarding issuance of Letter of Intent for the Retail Outlet at the Location. When the petitioner was awaiting for a favourable outcome in respect of his application he cam