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IN THE HIGH COURT OF ALLAHABAD
SHEKHAR B. SARAF, VIPIN CHANDRA DIXIT
Veer Bahadur Singh – Appellant
Versus
Hindustan Petroleum Corporation Limited – Respondent
| Table of Content |
|---|
| 1. the selection process for retail outlet dealership and its compliance with regulations. (Para 2 , 3) |
| 2. arguments on the validity of the lease deed and compliance with selection guidelines. (Para 4 , 5 , 6) |
| 3. court's analysis on lease deed execution and compliance with mandatory provisions. (Para 7 , 8 , 9) |
| 4. quashing of the impugned order and direction for fresh draw of lots. (Para 10) |
JUDGMENT :
Vipin Chandra Dixit, J.
1. Heard learned counsel appearing on behalf of the parties.
2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner is aggrieved by the rejection of his complaint dated 24.01.2024 filed with the respondent no.2 with regard to the illegal selection of the respondent no.3.
3. The facts of the case are that the respondent no.3 was chosen in draw of lots with respect to location no.1375 for retail outlet dealership. The main complaint of the petitioner is that the respondent no.3 had offered a leased property which did not comply with the mandatory provision laid down under Clause 4 (vi) (a) of the Brochure June, 2023 which reads as under:-
"The other conditions with respect to offering of land are as under:-
a) The
Mandatory provisions regarding lease agreements must be strictly followed, and witnessing a document does not equate to execution by all required parties.
Compliance with lease deed requirements in dealer selection guidelines is mandatory, rendering any submission lacking full execution invalid.
A valid lease for property must be executed by all co-owners, particularly when the property is under dispute and partition has not been completed.
Ownership of land requires all co-owners to execute a lease deed; consent letters cannot suffice for eligibility.
The court ruled that failure to provide an applicant the opportunity to rectify documentation defects prior to application rejection is a violation of natural justice and relevant procedural norms.
Eligibility for dealership depends on submitting all co-owners' lease deeds as per Brochure Clause; a preliminary decree is insufficient without a final decree.
The requirement of a registered lease deed for land in dealership applications is mandatory to prevent disputes and protect investments, and failure to comply results in rejection of the application.
A typographical error in a lease deed does not disqualify an applicant for a dealership if rectified before the application deadline, as it relates back to the original deed.
The court confirmed that writ jurisdiction under Article 226 assesses the decision-making process rather than the decision's correctness, affirming valid grounds for refusing an application due to no....
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