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GAHC020003022025 2026:GAU-NL:259-DB

THE GAUHATI HIGH COURT

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

KOHIMA BENCH

Case No. : WA/10/2025

INDIAN OIL CORPORATION LIMITED AND 2 ORS

INDIAN OIL BHAVAN

G-9

ALI YAVAR JUNG MARG

BANDRA (EAST)

MUMBAI-400051

REPRESENTED BY THE GENERAL MANAGER

2: THE GENERAL MANAGER

INDIAN OIL CORPORATION LIMITED

EAST POINT TOWER

BAMUNIMAIDAM

GUWAHATI-781021

3: THE HEAD OF DIVISIONAL OFFICE

INDIAN OIL CORPORATION LIMITED

TINSUKIA DIVISIONAL OFFICE

SRIPURIA ROAD

TINSUKIA-786125

VERSUS

SHICHABA AND ANR

S/O SHRI IMNAYANGLU

R/O H.NO. 189

NEAR VILLAGE GATE

INDISEN VILLAGE

DIMAPUR-797112

NAGALAND

2:THE UNION OF INDIA

REPRESENTED BY THE SECRETARY

MINISTRY OF PETROLEUM AND NATURAL GAS

A-WING

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SHASTRI BHAVAN

DR. RAJENDRA PRASAD ROAD

NEW DELHI-110001

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Advocate for : N BARUAH

Advocate for : N K LUIKHAM (R-1) appearing for SHICHABA AND ANR

BEFORE

HON'BLE MR. JUSTICE UNNI KRISHNAN NAIR

HON'BLE MR. JUSTICE RAJESH MAZUMDAR

ORDER

13.05.2026

(U.K. Nair, J)

Heard Mr. N. Baruah, learned counsel for the appellants as well as

Mr. N.K. Luikham, learned counsel appearing for the sole respondent.

2. As agreed to by the learned counsel for the parties, the present writ

appeal is taken up for final consideration at the admission stage itself.

3. The appellants, herein, have instituted the present appeal assailing

the judgment & order dated 13.06.2024, passed by the learned Single

Judge in WP(C)/91(K)/2019.

4. The sole respondent, herein, had, in pursuance to an advertisement

issued by the appellants, herein, submitted his candidature for

appointment as a Retail Outlet Dealer with regard to location on Manja-

Dimapur Road on NH-29 from Nagaland Gate within 2 kms towards St.

John’s College. The respondent, herein, in support of his application had

offered a plot of land at Indisen Village, Dimapur, Nagaland vide village

Patta No.429 dated 25.06.2015, bearing registered No.322/15 under

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Indisen Village Council situated at Manja-Dimapur Road on NH-29. The

application submitted by the respondent, herein, being found to conform

to the eligibility criterias set out in the advertisement, his case was

shortlisted for selection. Accordingly, the respondent was informed vide an

email dated 19.01.2019, about his qualification for the draw of lots for

selection of the Retail Outlet Dealership. The respondent was required to

be present personally for the same along with a photo identity card.

Thereafter, on conclusion of the draw of lots, the respondent being

selected, the appellants, herein, informed him about the same vide an

email dated 02.02.2019. The respondent was also required to remit an

amount of ₹30,000/- (Rupees Thirty thousand only) online as security

deposit and submit a set of documents specified in the email within 10

(ten) days, with the authorities of the appellant-corporation for processing

of his application for award of the Retail Outlet Dealership at the said

location.

5. The respondent, while proceeding to submit the documents as

required by him to be so deposited, found that he had misplaced the

‘Affidavit-cum-Declaration’ executed before the Notary Public, Nagaland on

22.12.2018, as well as the Search Report issued by Shri K. Lotha,

Advocate, wherein, it was certified that the land offered by the respondent

would place him within Group-1 of the category set out in the

advertisement for allotment of the dealership in question. The said

documents having been misplaced, the respondent immediately filed an

FIR at the Mokokchung Police Station-II and, a GD Entry being GDE No.

02/2019 dated 05.02.2019 came to be made in this connection. As the

original copies of ‘Affidavit-cum-Declaration’ as well as the ‘Search Report’

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were mandated to be produced, the respondent on not being able to

contact his earlier counsel, Shri K. Lotha, had the said Affidavit-cum-

Declaration as well as the Search Report, freshly prepared through Ms.

Sudipta Acharjee, Advocate. Thereafter, the respondent furnished t