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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PRANAY VERMA
Piyush Khede – Appellant
Versus
Indian Oil Corporation – Respondent
| Table of Content |
|---|
| 1. petitioner submitted application for petrol pump dealer position (Para 1 , 2 , 3) |
| 2. arguments regarding eligibility and land evaluation process (Para 4 , 5) |
| 3. court's analysis on land evaluation criteria and mandatory compliance (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. court dismisses petition, finding no merit in the arguments (Para 16 , 17) |
ORDER :
1. This petition under Article 226 of the Constitution of India, has been preferred by the petitioner being aggrieved by the order dated 19/3/2024 (Annexure P/2) passed by respondent No.2 whereby his application for appointment as regular / rural retail outlet (petrol pump) dealer has been rejected on the ground that a High Tension electricity line is passing above the land offered by him. The petitioner has also challenged the letter dated 05.04.2024 (Annenure P/18) issued by the respondents upholding the said rejection.
2. The facts of the case in brief are that respondent No.1 had issued an advertisement for allotment of retail outlets at various locations including in District Barwani. The respondents issued notice for appointment of regular / rural retail outlet (petrol pump) dealership. A brochure for
Eligibility criteria for dealership require land to be free of high tension electricity lines; non-compliance with guidelines results in automatic disqualification without rectification opportunity.
The court affirmed that applicants must be provided an opportunity to rectify deficiencies in their land documentation before rejection of their dealership applications, emphasizing the principles of....
: High Court while exercising powers under Article 226 of Constitution of India cannot sit as appellate court over decision of NHAI more particularly when same has not been challenged.
The main legal point established in the judgment is that an establishment has the power to correct its decision, including the cancellation of candidature, based on valid reasons such as land qualifi....
Judicial review is justified when administrative decisions lack transparency and fairness in adherence to established procedural guidelines.
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