IMPORTANT POINT
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.

ORDER :

1. Heard Sri S.Lakshmikanth, the learned counsel appearing on behalf of the petitioner, Sri Thoom Srinivas, learned counsel appearing on behalf of the 1st respondent, Sri B.Narendra Naik, the learned counsel appearing on behalf of the 2nd respondent, Sri Dominic Fernandez, the learned counsel appearing on behalf of the 3rd respondent and Sri Manu, the learned counsel appearing on behalf of the 4th respondent.

2. The petitioner approached the Court seeking prayer as under:

“For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the highhanded action of the Respondent No. 2 in issuing the Letter of Intent vide No. HRT-NRO-Boduppal dated 16.02.2022 in favour the Respondent No. 4 for setting up of Bharat Petroleum Corporation Limited Retail Outlet at the location between Boduppal 'X' Roads to Dr. B.R. Ambedkar Statue on Boduppal Road not on NH for which the Petitioner was issued Letter of Intent by the Respondent No. 3 vide Ref:M/2021/IC002234/TG./000093/4401/00038 dated 24.02.2022. pursuant to the Notification dated 14.12.2018 as arbitrary illegal unjust, contrary to the public Notification dated 14.12.2018 issued by the Respondent No. 3, violative of principles of natural justice; consequently, quash the Letter of Intent vide No. HRT-NRO-Boduppal dated 16.02.2022 issued by the Respondent No. 2 in favour of Respondent No. 4 and pass such other order or orders as this Hon'ble Court may deems fit and proper in the circumstances of the case and in the interest of justice.”

3. PERUSED THE RECORD:

(A) The orders of this Court dated 04.07.2023 passed in W.P. No. 17123 of 2023 is extracted hereunder:

“Notice before admission.

Sri Thoom Srinivas, learned Standing Counsel takes notice for respondent No. 1

Sri Dominic Fernandez, learned Standing Counsel takes notice for respondent No. 3.

Learned counsel for the petitioner is permitted to take out personal notice to respondent Nos.2 and 4 by registered post with acknowledgement due and file proof of service in the Registry.

Post on 18.07.2023.

Pending further orders, respondent Nos.2 and 4 are directed not to commence to the business operations in the subject Retail Outlet.”

The said order dated 04.07.2023 passed in W.P.No. 17123 of 2023 is in force as on date.

(B) The counter affidavit filed on behalf of respondent No. 3, and in particular, paragraph No. 6, reads as under:

“6. In reply to paragraph 2 to 4 of the Writ Affidavit it is submitted that the location “Between Boduppal ‘X’ Roads to Dr.B.R.Ambedkar Statue on Boduppal Road not on NH – under open category in Medchal-Malkajgiri District” was advertised in SRMP-2018 under serial No. 468. The same was advertised as a biding site with minimum bid value of 30 Lacs. There were 4 applicants for the above advertised site in Group-1 (Own Land Category). The petitioner was the second highest bidder. The applicant with highest bid value was disqualified and accordingly, the Petitioner was selected. It is further submitted that the guidelines issued by IRC are directory in nature and are not mandatory. Furthermore, there is no G.O. issued in the state of Telangana for adoption of the same that has been brought to the knowledge of the Respondent Corporation.”

(C) The counter affidavit filed on behalf of Respondent No. 2, and in particular, paras 13 to 20, read as under:

“13. The Respondent No. 4 was initially issued Letter of Intent dated 01.12.2012 for setting up a retail outlet at Santalpur, Gujarat. Subsequent to the initial issuance of Letter of Intent in favour of Respondent No. 4, the Ministry of Petroleum and Natural Gas issued a Circular dated 12.04.2012 bearing No. P-19011/4/2009/IOC which was addressed to the oil marketing companies including Respondent No. 1 and 3, wherein it was specifically stated that LOI holders, belonging to SC/ ST, Widows or Women above the age of 40 years