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ABDUL QUDDHOSE
V. P. Jeesha – Appellant
Versus
Territory Manager (Retail) Bharat Petroleum Corporation Limited, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by 1st respondent in his proceedings in Ref. CHRT PADALAM dated 26.05.2022 and quash the same and to direct the respondents 1 & 2 to cancel the allotment of dealership made in favour of the 4th respondent at Padalam Junction to Vaiyavoor Village, Kancheepuram District and to issue a fresh advertisement for appointment of retail dealership for the location at Padalam Junction to Vaiyavoor Village, Kancheepuram District.)
1. This Writ petition has been filed challenging the order dated 26.05.2022 passed by the second respondent, rejecting the petitioner's representation that the fourth respondent is a benami of the third respondent.
2. According to the petitioner, she along with the fourth respondent, participated in the bid called for by the first and second respondents/Oil Corporation, for a petroleum retail outlet. In the draw of lots conducted by the first and second respondents/Oil Corporation, the fourth respondent was selected as a candidate for allotment of petroleum retail outlet
The court upheld the rejection of the representation based on the well-reasoned and speaking order provided by the respondents, considering various factors such as RBI Guidelines, Selection Guideline....
The court's role in a writ petition is to ensure that the material does not suffer any illegality on the face of it and to consider the findings of the 1st respondent backed by proper reasons.
A petitioner not participating in a selection process lacks locus standi to challenge a dealership, but deficiencies in the investigation warrant a fresh inquiry into the allegations.
For eligibility in the allotment of a retail outlet dealership, the applicant must possess a lease deed executed by all co-owners of the offered land at the time of application submission.
Point of law: only in accordance with the terms and conditions which makes it mandatory for submission of Appendix-III A and Appendix-III B along with the application, the respondent Oil Corporation ....
Arbitrariness, illegality, and irrationality in the decision-making process of a government entity, and the application of Article 15(3) of the Constitution for special provisions for women.
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....
The principle of mandamus to compel the performance of a public duty was applied to direct the respondent to consider the petitioner's representation.
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