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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
NEERAJ TIWARI, VIVEK KUMAR SINGH
Ashish Kumar Agarwal – Appellant
Versus
Indian Oil Corporation Limited – Respondent
JUDGMENT :
NEERAJ TIWARI, J.
1. Heard Shri Nitin Sharma, learned counsel for the petitioner and Shri Anand Tiwari, learned counsel for the respondents.
2. Present petition has been filed seeking following relief:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the Order dated 28.06.2024 (Annexure No. 1 of the writ petition), passed by respondent no 2 & Order dated 15.04.2024 (Annexure No. 2 of the writ petition) passed by Respondent No. 2, rejecting the candidature of the Petitioner for selection of dealership of retail outlet in pursuance of advertisement dated 28.06.2023.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to accept the piece of land/plot situated at Village Mubarakpur Hardas, Tehsil Najibabad, District Bijnor (duly enumerated in the lease deed dated 25.07.2023) offered by the petitioner for establishment of retail outlet.
(iii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to issue letter of Intent and letter of agreement in favour of the petitioner, in pursuance of the provisional selection letter dated 08.12.2023 within the stipulated time period as fixed by th
Eligibility for dealership depends on submitting all co-owners' lease deeds as per Brochure Clause; a preliminary decree is insufficient without a final decree.
Ownership of land requires all co-owners to execute a lease deed; consent letters cannot suffice for eligibility.
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.
Compliance with the guidelines of Indian Oil Corporation for the selection of Kisan Sewa Kendra Dealer, specifically regarding the submission of consent of co-sharers for joint ownership of land, is ....
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 valid lease for property must be executed by all co-owners, particularly when the property is under dispute and partition has not been completed.
The word “void” is used in the sense of incapable of ratification. A thing which is found non-est and not required to be set aside though, it is sometimes convenient to do so. There would be no need ....
'Family Unit' in case of married person / applicant, shall consist of individual concerned, his/her Spouse and their unmarried son(s) / daughter(s). In case of unmarried person/ applicant, 'Family Un....
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