GAHC010231632025 2025:GAU-AS:14916

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6185/2025

SAHA ALAM LASKAR

SON OF NURUL AMIN LASKAR, RESIDENT OF VILLAGE-BERENGA PART-

II, P.O.- BERENGA, P.S.- SILCHAR, DISTRICT-CACHAR, ASSAM, PIN- 788005.

VERSUS

INDIAN OIL CORPORATION LIMITED AND 4 ORS

REGISTERED OFFICE- INDIAN OIL BHAVAN, G-9, ALI YAVAR JUNG MARG,

D BLOCK BKC, NAUPADA, BANDRA (EAST), MUMBAI- 400051,

REPRESENTED BY THE CHAIRMAN.

2:THE CHIEF GENERAL MANAGER (LPG)

IOCL

INDIAN OIL BHAVAN

SECTOR- III NOONMATI

GUWAHATI-781020

ASSAM.

3:THE DIVISIONAL RETAIL SALES HEAD

IOCL

SILCHAR DIVISIONAL OFFICE

MOINARBOND DOPOT

P.S.- UDHARBOND

P.O.- GOSSAIPUR

SILCHAR

DISTRICT-CACHAR

ASSAM

PIN-788030.

4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF

ASSAM DEPARTMENT OF FOREST DISPUR GUWAHATI- 781006 KAMRUP(M)

ASSAM.

5:THE DIVISIONAL FOREST OFFICER HAILAKANDI T. DIVISION HAILAKANDI DISTRICT ASSA BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH Advocate for the petitioner (s) : Mr. D. Chakraborty, Advocate Advocate for the respondent (s) : Mr. M. K. Choudhury, Sr. Advocate/SC, IOCL Mr. M. Sharma, Advocate Mr. D. Gogoi, SC, Forest Date on which judgment is reserved : NA Date of pronouncement of judgment : 03.11.2025 Whether the pronouncement is of the Operative part of the judgment? : NA Whether the full judgment has been Pronounced? : Yes Heard Mr. D. Chakraborty, the learned counsel appearing on behalf of the petitioner. Also heard Mr. M. K. Choudhury, the learned Senior Counsel assisted by Mr. M. Sharma, the learned counsel appearing on behalf of the respondent Nos.1, 2 & 3 and Mr. D. Gogoi, the learned counsel appearing on behalf of the respondent Nos.4 & 5.

2. The present writ petition has been filed assailing the email dated 17.04.2024 issued by the respondent No.3 whereby the petitioner was informed that the candidature of the petitioner for the Retail Outlet Dealership within 5 kilometers from Bilaipur MPHC Hospital towards Lala on Goglacherra Bilaipur Road, District- Hailakandi was cancelled, and further, seeking directions that the Forest Department through the respondent No.5 should expedite the process for allotment of land in the name of the petitioner.

3. This Court taking into account the issue involved, therefore, issues Rule returnable forthwith.

4. It appears from the records that the Indian Oil Corporation had issued a notice for appointment of Regular/Rural Retail Outlet Petrol Pump Dealership, and such advertisement was published on 28.06 2023 in the English Daily “The Assam Tribune”. The location in question is Sl. No.345 of the Notice, i.e. within 5 kilometers from Bilaipur MPHC Hospital towards Lala on Goglacherra Bilaipur Road, District-Hailakandi. The petitioner pursuant to the said advertisement submitted the application on 17.10.2023 claiming that the petitioner fell within the Group 2 category, and in that respect, has placed reliance upon an affidavit submitted by Smt. Jeena Barman, wherein it was mentioned that in case the petitioner is selected for Retail Outlet Dealership, she would either sell/transfer/lease the said plot of land to Oil Company or to the petitioner for setting up of the Retail Outlet facility in the said location.

5. It is further seen from the materials on record that the draw of lots was held by the respondent IOCL Authorities amongst the applicants coming within the purview of Group 2 category and the petitioner herein was provisionally selected. Thereupon, the petitioner duly submitted the security deposit on the basis of the communication dated 12.12.2023 to the tune of Rs.40,000/-. The petitioner was further informed that the documents of the petitioner would be verified. The records further reveal that pursuant thereto an email dated 23.01.2024 was issued stating inter alia the reasons why rectification of the documents were sought for. Taking into account the relevance of the said email, this Court finds it relevant to quote the relevant portion of the said email her