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 mandated by Article 14.

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-Mall Road on LHS on MDR 74C, District Hardoi, U.P. for which the petitioner has completed all the formalities as per the letter of intent dated 07.03.2020 within a specified period of time."

2. The facts of the case reveal that the respondent-Corporation had come up with an advertisement on 25.11.2018 for setting up of Retail Outlet for petrol. Several locations were provided in the said advertisement and the petitioner applied for one such location at serial no. 443 of the said advertisement. The details of the location provided are as follows :-

3. The petitioner's application was successful and after due verification he was granted a letter of intent on 07.03.2020. Subsequent to the same, the petitioner obtained all permissions and has expended a fair amount of money for establishing the said petrol pump. To his surprise, a letter was received by the petitioner on 30.11.2021 wherein a show cause notice was issued upon him in relation to withdrawal of the Letter of Intent (hereinafter referred to as 'LOI') issued to the petitioner with regard to the above location. The petitioner gave his reply and after affording opportunity of hearing to the petitioner, the impugned order cancelling/withdrawing the LOI was passed on 29.01.2022. In the said order, the authority concerned has categorically admitted that the mistake was indeed on their part and instead of the word 'ODR' (that reflects the term 'Other District Road)', the word 'MDR' ( that reflects the term 'Major District Road) was mentioned. It is admitted in the impugned order that apart from this typographical error there is no dispute with the location for which the petitioner has applied and the petitioner's application was complete in all other respects. The letter confirms that this investigation has been started due to a representation received by one Mr. Binod Pandey, Advocate Lucknow High Court dated 09.11.2020, which states that in the revenue records Kothawan Mall Road, Hardoi, the road is 'Other District Road' and not 'Major District Road'.

4. Per contra, Mr. Mohammad Ehtesham Khan, learned counsel appearing for respondent-Corporation submitted that the Land Evaluation Committee, after physical verification, wrote the letter dated 6th February, 2020 to Lekhpal Kalyanmal Sandila, District Hardoi, U.P. raising the query "whether Village Newada Garhi comes within revenue limit of village Kalyanmal of Tehsil Sandila in District Hardoi." In response to the same, the Lekhpal concerned submitted a written report that the land offered falls upon 'MDR' (Major District Road) and the advertised location falls within the periphery of Village Garhi Newada Kalyanmal, District Harhoi.

5. Further contention advanced by counsel for the Corporation is that the location in question falls on 'ODR' (Other Distri