IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.21566 OF 2024 (GM-RES)

BETWEEN:

SRI.JAYANTH ASHOKAN S/O SRI.S.ASHOKAN AGED ABOUT 29 YEARS R/AT NO.205, 3^RD CROSS KASTURINAGARA BANGALORE URBAN DISTRICT BANGALORE-560 043 …PETITIONER (BY SRI. RAJARAM T, ADVOCATE)

AND:

HINDUSTAN PETROLEUM CORPORATION LTD., Digitally signed (GOVERNMENT OF INDIA ENTERPRISES)

by CHAITHRA A Location: HIGH BANGALORE REGIONAL OFFICE COURT OF KARNATAKA 1^ST FLOOR, BSNL CACT DOORAVANINAGAR K.R.PURAM BANGALORE-560 016 REP BY REGIONAL MANAGER …RESPONDENT (BY SRI. B.PRAMOD, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT-COMPANY TO ALLOT HPCL DEALERSHIP BY QUASHING THE LETTER DTD. 17.01.2024 BEARING REF. NO.BRO/AR/RET VIDE ANNX-R IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING -

'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The petitioner is before this Court seeking for the following relief:

"(a) Issue a writ, order or direction in the nature of mandamus directing the Respondent - Company to allot HPCL Dealership by quashing the letter dated 17.01.2024 bearing ref: No.BRO/AR/RET vide Annexure-R, in the interest of justice and equity.

(b) Issue direction in the nature of mandamus to the Respondent - Company to allot the dealership in favour of the Petitioner by considering the alternative land which was submitted along with the letter dated 29.12.2023 vide ANNEXURE-T, in the interest of justice and equity.

(c) Pass any other order of consequential relief or any other appropriate order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity."

2. The grievance of the petitioner was that there is an insistence made by landlord for execution of a Lease Deed in favour of Hindustan Petroleum Corporation Limited (for short 'HPCL') directly between the landlord and HPCL, whereas HPCL had called upon the petitioner to execute a Lease Deed between the petitioner and the landlord and the sub-lease with HPCL. In that background, the landlord not being agreeable, the petitioner had sought for quashing the communication dated 17.01.2024 at Annexure-R.

3. The petitioner has subsequently furnished an alternate plot in terms of the affidavit at Annexure-Q3 dated

29.12.2023.

4. The submission of learned counsel for respondent is that it is for the petitioner to make available suitable land for establishment of a Petrol Bunk. The primary lease being executed with the petitioner with a sub-lease clause being available permitting the petitioner to execute such a sub-lease with HPCL since the outlet which is being established is a company owned outlet.

5. Learned counsel for the petitioner submits that the Lease Deed proposed to be executed by Mr.M.Munegowda and others in terms of the affidavit at Annexure-Q3 in favour of the petitioner and the petitioner would enter into a sublease with the respondent, Mr.M.Munegowda along with other landowners.

6. If that being so, the respondent is directed to verify if the land covered under affidavit at Annexure-Q3 is suitable for the purpose of establishing the company owned outlet, which shall be communicated within 30 days from today and if the HPCL would communicate the suitability of the said land, the petitioner is directed to within 15 days thereafter furnish a Lease Deed in favour of the petitioner with a sublease clause included therein. If the said Lease Deed is not provided by the petitioner to HPCL within the time frame prescribed, HPCL would be free to go ahead with such other applicants as may be available.

7. With the above observations, the petition stands disposed of.

Sd/-

(SURAJ GOVINDARAJ)

JUDGE NBM List No.: 1 Sl No.: 40