ORAL ORDER

The first respondent issued a notification for the allotment of a Retail Outlet Dealership (Petrol Bunk). The petitioner submitted an application for the allotment of the Retail Outlet Dealership (Petrol Bunk) by offering land in Property No. 88/2 of Panthanahalli Village, Kyasamballi Hobli, KGF Taluk. The petitioner was selected in the draw for the allotment of the Retail Outlet Dealership (Petrol Bunk) held on 20.07.2022. In accordance with the notification, the petitioner was required to pay an initial security deposit and upload the relevant documents.

2. The petitioner entered into a lease deed for Sy.

No. 52/1 of Mittakothur Village, Kyasamballi Hobli, KGF Taluk, Kolar, on 15.06.2023, and submitted a representation to the first respondent on 07.07.2023 to change the land from Sy. No. 88/2 to Sy. No. 52/1. Subsequently, the second respondent accepted the petitioner’s request and issued a letter of intent dated 24.08.2023. At the instance of the respondent-Corporation, the petitioner received a necessary No Objection Certificate (NOC) from the competent authority for establishing the retail outlet petrol bunk.

3. Given these circumstances, a complaint lodged by one Chinnaswamy on 20.11.2023 resulted in an impugned communication canceling the allotment made in favor of the petitioner. This was based on allegations that the petitioner concealed the surrender of lease rights concerning Property No. 88/2, which was earlier offered for the allotment of the petrol bunk.

4. I have heard the arguments advanced by the learned counsel for the parties.

5. The notification was issued on 25.11.2018, and the Guidelines Brochure on the Selection of Dealers for Regular and Rural Retail Outlets through a draw of lots/bidding process was provided on 24.11.2018.

6. Note 3 appended to the said guidelines reveals that candidates offering land in their application have the option to offer an alternative parcel of land for “whatsoever reason,” but this must occur before the issuance of the letter of intent.

7. The withdrawal of the letter of intent is governed by Note/Clause 16 of the guidelines, which states that if a selected candidate is unable to provide the land or develop facilities within the specified time, or due to non-fulfillment of the terms and conditions of the letter of intent, then the letter of intent may be withdrawn. It further provides that a show cause notice must be issued to the letter of intent holder, and a decision to withdraw the letter of intent will be made by the competent authority based on the response. In such situations, the initial security deposit would be forfeited.

8. Note 22 of the guidelines addresses false information, stating that if any statement made in the application or in the documents enclosed therewith, or subsequently submitted, is found to have been suppressed, misrepresented, incorrect, or false at any stage, then the application is liable to be rejected without assigning any reason. If the applicant has been appointed as a dealer, the dealership is liable to be terminated, and the candidate/dealer shall have no claim whatsoever against the respective oil company.

9. In this instance, the petitioner did not misrepresent, suppress, or provide incorrect or false statements in the application for the allotment of the petrol bunk. The application was submitted in the year 2019, and the leasehold over land bearing Sy. No. 88/2 in favor of the petitioner’s husband had not been terminated as of the date of the application.

10. Note 18 of the guidelines includes a grievance redressal system, which provides for receiving complaints against the selection process, including eligibility. It states that any complaint received more than 30 days after the draw of lots/bidding process will not be entertained.

11. In this case, the draw of lots for the selection of the allotment of the retail outlet dealership was conducted on 20.07.2022, and the letter of intent was issued in favor of the petitioner. However,