IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 211 OF 2024 (GM-RES)

BETWEEN:

1. INDIAN OIL CORPORATION LTD REGISTERED OFFICE AT No.6, ALI YAVAR JUNG MARK BANDRA EAST, MUMBAI - 400 051

2. INDIAN OIL CORPORATION LTD MYSURU DIVISION OFFICE No. L 36/A, 1^ST FLOOR B.N. ROAD MYSURU TRADE CENTER OPP. KSRTC BUS STAND MYSURU - 570 001 Di gitally REP. BY DIVISIONAL RETAIL HEAD signed by MYSURU - 570 001 AMBIKA H B …APPELLANTS Location :

(BY SRI AMBRISH, ADVOCATE FOR High Court SRI NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE)

of Karnataka AND:

1. SRI N. LINGARADHYA SON OF K NAGARAJU AGED ABOUT 30 YEARS R/AT NO. KALLESHWARA NILAYA

13^TH CROSS, SRINAGAR DEVARAYAPATNA POST TUMKUR - 572 104 …RESPONDENT (BY SRI GANAPATHI BHAT VAJRALLI, ADVOCATE)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE FINAL JUDGMENT DATED 31.07.2023 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION No.9660/2020 AND CONSEQUENTLY DISMISS THE PETITION & ETC.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. Issue notice. Mr.Ganapati Bhat Vajralli, learned counsel accepts notice for the sole respondent.

2. For the reasons stated in IA No.1/2024, the same is allowed and the delay in filing the present appeal is condoned.

3. With the consent of the learned counsel for the parties, the present appeal has been finally heard.

4. The appellant [hereafter 'IOCL'] has filed the present appeal impugning an order dated 31.07.2023 passed by the learned Single Judge in Writ Petition No.9660/2020, captioned 'Sri N. Lingaradya v. Indian Oil Corporation Limited and Another'.

5. The respondent [writ petitioner] had filed the said writ petition, inter alia, praying as under:

"Issue Writ of Mandamus or any appropriate order directing the respondents to take appropriate steps for issuance of drawing and supply of required equipments for establishment and commissioning of Retail Outlet Dealership/Petrol Bunk in furtherance of Letter of Intent (LOI) dated 24.12.2019, issued by the 2^nd respondent, as per Annexure-G, with specified time in the interest of justice and equity.

Grant such other relief's as this Hon'ble Court deems fit to grant on the facts and circumstances of the case, in the interest of justice and equity."

6. The writ petitioner held leasehold rights in lands comprised in Survey Nos.24/1 and 24/14 located at Kowthamaranahalli Village, Gulur Hobli, Tumakuru Taluk and District [ hereafter ‘the subject land’].

7. IOCL had issued Notification dated 24.11.2018 inviting applications from eligible candidates for appointment as dealers to operate rural outlets in Kowthamaranhalli Village, Tumakuru District and, particularly on the road from Kesarmadu to Honnudike. The subject land was located on the road in question. The writ petitioner being desirous of utilizing the subject land for operating a retail petroleum outlet for petroleum products submitted his application pursuant to IOCL's notification dated 24.11.2018. Thereafter, the subject land was inspected by the officials of IOCL for examining whether it was suitable for establishment of a petroleum outlet.

8. Undisputedly, the officials reported that the subject land was suitable for the said purpose. Thereafter, IOCL issued a Letter of Intent [LoI] dated 24.12.2019 for establishment of the retail outlet. However, thereafter IOCL did not take any further steps, including issuance of building drawings for construction of a petrol bunk. The facts on record indicate that IOCL had abandoned the proposal for establishment of a petroleum outlet on the road in question [Kesarmadu to Honnudike road in Tumakuru District] for the reason that the said road was a part of the State Highway