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2010 Supreme(All) 3962

SUNIL AMBWANI, PANKAJ MITHAL
SUSHMA PATHAK – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel :
V.B. Upadhyaya and Ashok Tripathi for the Petitioner; Prakash Padia for the Respondents No. 2 and 3.

JUDGMENT

By the Court.—We have heard Sri V.B. Upadhyaya, learned senior counsel assisted by Sri Ashok Tripathi for the petitioner. Sri Prakash Padia, appears for respondent Nos. 2 and 3 - Bharat Petroleum Corporation Ltd.

2. The petitioner is aggrieved by the letter of Territory Manager (Retail), Meerut of Bharat Petroleum Corporation Ltd (hereinafter called as the BPCL) dated 5.9.2006 withdrawing the Letter of Intent (LOI) dated 10.2.2001 for the proposed MS/HSD Retail Outlet Dealership at Kaushambi, District Ghaziabad.

3. Brief facts giving rise to the writ petition are that the petitioner applied in pursuance to the advertisement issued in the year 2001 published in daily newspapers, for proposal to appoint retail outlet dealer for kerosene-L.D.O. at locations given in the advertisement in the State of U.P. Item No. 4 in the advertisement, was in respect of retail out dealership at Kaushambi in District Ghaziabad, in open general category, for which last date for receipt of application was 10.10.2000. In respect of details of the land and the location, the advertisement provided as follows :

“Applicable for Retail Outlet Dealerships only (Not Applicable for locations reserved for































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