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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
SHEKHAR B.SARAF, INDRAJEET SHUKLA
Radhvendra Awasthi – Appellant
Versus
Bharat Petroleum Corporation Ltd. Thru. Its Chairman Cum Managing Director – Respondent
| Table of Content |
|---|
| 1. facts regarding the petitioner's application and approval. (Para 2 , 3) |
| 2. arguments relating to the location of the outlet. (Para 4 , 5) |
| 3. observations regarding identity and nature of the location. (Para 6 , 7 , 8 , 9) |
| 4. legal principles of legitimate expectation and public authority's duties. (Para 10 , 11 , 12) |
JUDGMENT :
1. This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioner has prayed for the following reliefs :
"(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 29.01.2022, by which the Letter of Intent dated 07.03.2020 issued to the petitioner for the Retail Outlet at Newada Garhi (Kalyanmal), Kothawan-Mall Road on LHS on MDR 74C, District Hardoi, U.P. and the advertisement for location Newada Garhi (Kalyanmal), Kothawan-Mall Road on LHS on MDR 74C, District Hardoi, U.P. has been cancelled (as contained in Annexure No. 1 to the writ petition), after summoning the original records.
(b) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to allot and start the operation of the Retail Outlet at Newada Garhi (Kalyanmal), Kothawan-M
Public authorities must not act arbitrarily and should respect legitimate expectations, ensuring decisions are based on substantial grounds in the interest of fairness and good administration, as man....
Respondents cannot impose unadvertised conditions post-application, as the applicant's land met the described criteria, thereby affirming the legitimate expectation of the applicant.
The court confirmed that a specific location's advertisement does not necessitate the land being in a specified village, protecting the applicant's legitimate expectation for dealership consideration....
Administrative decisions must be made fairly and cannot be rejected on hyper-technical grounds if the applicant has complied with all requirements and invested in the project.
The court established that IRC Guidelines are directory and do not confer a legal right to challenge the issuance of a Letter of Intent based on proximity.
The proposed site for a petroleum outlet dealership must strictly comply with the district specifications detailed in the advertisement.
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