IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.10546 OF 2020 (GM-RES)

BETWEEN:

SMT. S. NETHRA AGED ABOUT 34 YEARS W/O CHANDRASHEKAR V, NO.3, POLICE QUARTERS , MYSURU ROAD, BENGALURU - 560 002.

…PETITIONER (BY SRI. THANISH C.REDDY, ADVOCATE FOR SRI.ABHINAV RAMANAND A., ADVOCATE)

AND:

1. THE INDIAN OIL CORPORATION A CORPORATION INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT Digitally signed INDIAN OIL BHAVAN, by SUMA B N G-9, ALI YAVAR JUNG MARG, Location: H IGH BANDRA (EAST), MUMBAI - 400 051.

COURT OF KARNATAKA REPRESENTED BY ITS CHAIRMAN.

2. M/S INDIAN OIL CORPORATION, MYSURU DIVISIONAL OFFICE, NO.36/A, 1^ST FLOOR, B.N. ROAD,MYSURU TRADE CENTRE, OPP. KSRTC BUS STAND, MYSURU-570 001, REPRESENTED BY ITS DIVISIONAL HEAD.

…RESPONDENTS (BY SRI.SANTOSH S NAGARALE, ADVOCATE FOR R1 AND R2)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 13.03.2020 ISSUED BY THE R-2 AT ANNEXURE-E TO THE WRIT PETITION AND CONSEQUENTLY, DIRECT THE RESPONDENTS TO COMPLETE THE PROCESS IN RELATION TO RETAIL OUTLET AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

The petitioner, in response to a notification issued by the respondents for allotment of petrol bunk dealership, had made an application on 25.12.2018 seeking allotment of retail outlet dealership at Koppa, RHS on NH 75 towards Hassan. Petitioner had submitted/furnished all the required documents as called for including a copy of the document reflecting her leasehold rights over the property located in the notified area. However, second respondent sent a communication dated 13.03.2020 holding petitioner is ineligible on the premise that the document furnished by the petitioner regarding the land was a “mortgage deed” which does not fall under clause 4 (v) of the Brochure providing classification of land in Group 1 of the notification. Being aggrieved, the petitioner is before this Court.

2. Learned counsel for the petitioner taking this Court through the records submits that the document which is produced by the petitioner as per Annexure-D of the petition, though termed as “Bhogya Patra”, in Kannada language, the substance of the document would indicate the same is an offer by the owner of the land to grant lease for a fixed period of 20 years specifically to be used for the purpose of setting up petroleum business. He further submits that the contents of the said document would reveal that the same meets the requirement of both Group 1 and Group 2 of the notification. Hence, communication issued by the respondent authority is one without authority. Hence, seeks for allowing of the petition.

3. In response, the learned counsel for respondent-

corporation taking this Court through the requirement of Group 1 and Group 2 of the notification submits that the document produced by the petitioner showing the land for the purpose of allotment of retail shop would not meet the requirement. In that, he submits the document is a “Bhogya Patra” which means a “mortgage deed”. A “mortgage deed” is not contemplated and cannot be termed as a “lease agreement”. Therefore he submits that there is no error or illegality committed by the respondents in declining to accept the document produced by the petitioner. Hence, he seeks for dismissal of the petition.

4. Heard and perused the records.

5. Brochure regarding selection of dealers for the regular and rural retail outlets produced at Annexure-A, provides for the description of the property and column 4 (v) reads as under :

“4. ELIGIBILITY CRITERIA FOR INDIVIDUAL APPLICANTS-PROPRIETORSHIP/PARTNERSHIP Common Eligibility criteria for all categories applying as individual (as on date of application unless mentioned otherwise)

xxx xxx xxx (v) Land (Applicable to all categories):

The applica