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ORISSA HIGH COURT
URMILA BEHERA – Appellant
Versus
CHIEF GENERAL MANAGER INDIAN OIL CORPORATION LTD BBSR – Respondent
JUDGMENT :
Sanjeeb K.Panigrahi, J.
1. The Petitioner has filed the present Writ Petition under Article 226 and 227 of the Constitution of India, 1950, assailing the order of rejection dated 04.06.2024, whereby her option in respect of the second plot mentioned in the application for grant of Regular Retail Outlet (Petrol Pump) dealership was rejected for the location specified at Sl. No. 43 i.e., within 2km from IDBI Bank Branch, Sarmuhan towards Balangir on the LHS on SH-42 in the District of Balangir, pursuant to the Advertisement dated 28.06.2023 published in daily ‘Samaja’.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
(i) The Petitioner came across an Advertisement issued by Indian oil Corporation Ltd., inviting application for Regular/Rural Outlet (petrol pump dealership) for various locations, including one location situated within 2 km from IDBI Bank, Branch, Sarmuhan towards Balangir on the left-hand-side, as specified in the said advertisement.
(ii) The petitioner, belonging to the OBC category, was eligible to apply for the said dealership and accordingly prepared herself to submit the application. The last date to apply for submission of applica
An applicant for a dealership must satisfy eligibility criteria by holding a registered lease at the time of application; unregistered lease deeds are legally ineffective.
Eligibility for dealership required a valid registered lease deed by application date; unregistered or notarized documents are legally insufficient.
A notarized lease deed is legally ineffective; eligibility for a dealership requires a registered deed on the application date, according to statutory guidelines.
The court upheld the rejection of the petitioner's application for a retail outlet dealership due to failure to meet land suitability criteria as per the Brochure guidelines.
The main legal point established in the judgment is the requirement for applicants to possess valid registered documents for the specified land as per the eligibility criteria outlined in the brochur....
Possession of valid registered documents for the required land at the time of application is essential for eligibility as per the brochure clause 4(v) and the judgment in BPCL Vs. Swapnil Singh.
Adherence to specified eligibility criteria, particularly the requirement of a registered lease deed for the plot of land offered for LPG distributorship, is crucial for consideration of candidature.
Tender – Rejection justified - writ petitioner did not posses any land under valid registered documents at the time of his application
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