IMPORTANT POINT
The importance of the offered land and the mode of selection by draw of lots among the categorized groups as per the brochure for selection of dealers of the respondent Corporation.

JUDGMENT :

The instant writ petition has been filed challenging the impugned communication dated 22.02.2019 as well as the communication dated 27.03.2019 issued by the respondent Indian Oil Corporation Ltd. (IOCL)

2. The Indian Oil Corporation (herein after referred to as ‘the respondent Corporation’) had issued an advertisement in their website about the appointment of retail outlet dealerships in the State of Nagaland. On the same date, the said advertisement was also published in the local newspapers. In terms with the said advertisement dated 25.11.2018, the applications were to be submitted on or before 25.12.2018. The present writ petition pertains to the location on Manja-Dimapur Road on NH29 from Nagaland Gate within 2 kms. towards St. John’s College.

3. The petitioner submitted his application on 25.12.2018. In doing so, the petitioner offered a plot of land at Indisen Village, Dimapur, Nagaland vide village Patta No.429 dated 25.06.2015 bearing registered No.322/15 under in Indisen Village Council situated at Manja-Dimapur Road on NH29. It was the requirement as per the brochure for selection for retail outlets of respondent Corporation that at the time of submission of the application, various documents were required to be submitted. Amongst the various documents, one document was a notarized affidavit by the applicant as per Appendix-X, A/XB (standard affidavit), as applicable and the other document was the Appendix-IIIB (Advocate’s letter) along with Appendix-IIIA (for offer of land), if applicable. Admittedly, the petitioner submitted the said affidavit-cum-declaration as well as the Advocate’s certificate. Both were dated 22.12.2018.

4. On 19.01.2019, the respondent No.4 vide an email informed the petitioner that the petitioner had qualified for the draw of lots for selection of the retail outlet dealership and requested the petitioner to be present personally with the Photo Identity Card issued by any Government Department on 1st of February, 2019 at 1300 hours. Subsequent thereto, vide another email dated 02.02.2019, the respondent No.4 informed the petitioner that he has been selected on draw of lots for award of retail outlet dealership on the Manja-Dimapur Road on NH29 from Nagaland Gate within 2 kms. towards St. John’s College, District-Dimapur under the ST category advertised on 25.11.2018. On the same date, the respondent No.4 had also informed the petitioner to remit online Rs.30,000/- towards security deposit and submit a set of documents specified in the email within 10 days in the Office of the respondent No.4 for processing the application for award of retail outlet dealership at Manja-Dimapur Road on NH29 from Nagaland gate within 2 kms. towards St. John’s College, District-Dimapur under the ST category.

5. It is the further case of the petitioner that on 04.02.2019, the petitioner lost the affidavit-cum-declaration executed before the Notary Public, Nagaland dated 22.12.2018 as well as the search report issued by the Advocate, namely, Shri Kimonthung Lotha whereby it was certified by the concerned Advocate that the petitioner offer would fall within the ambit of Group-1. In that regard, the petitioner had also filed an FIR before the Mokokchung Police Station-II which was duly entered as GD Entry No.02/19 dated 05.02.2019. The petitioner therefore again came back to Dimapur on 06.02.2019 and tried to contact Shri Kimonthung Lotha, Advocate to obtain and authenticate the copy of the affidavit-cum- declaration dated 22.12.2018 and the legal report dated 22.12.2018. However, as Shri Kimonthung Lotha, Advocate was reported to be out of station and at Wokha, the petitioner could not get the authenticated copy of the lost affidavit-cum-declaration dated 22.12.2019 and the legal report dated 22.12.2018. It is under such circumstances, the petitioner as a matter of abundant caution executed another affidavit-cum-declaration on 07.02.2019 before another Notary Public at Dimapur and obtained another legal report