IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11^TH DAY OF MARCH 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO.106770 OF 2023 (GM-RES)

BETWEEN:

TASHRIFF MEERASAB HAVALDAR, AGE. 58 YEARS, OCC. PVT. SERVICE, R/O. MATH GALLI, SANKESHWAR, HUKKERI, BELAGAVI.

…PETITIONER (BY SRI. SANGRAM S.KULKARNI, ADVOCATE)

AND:

1. BHARAT PETROLEUM CORPORATION LTD., BPCL, BELAGAVI RETAIL TERRITORY OFFICE, NEAR DESUR RAILWAY STATION, AT POST: DESUR, ZADSHAHPUR, BELAGAVI, KARNATAKA-590014, REPRESENTED BY TERRITORY MANAGER, MR. SURESH ALATE.

2. THE PRINCIPAL SECRETARY, Digitally signed by PUBLIC WORKS DEPARTMENT, MOHANKUMAR B SHELAR VIKAS SOUDHA, BENGALURU.

Location: HIGH …RESPONDENTS COURT OF KARNATAKA (BY SRI. C.V. ANGADI, ADVOCATE FOR R1;

SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO CANCEL THE ALLOTMENT OF RURAL RETAIL OUTLETS PROCESS INITIATED AS PER THE ADVERTISEMENT AT “LOCATION S. NO.1025- WITHIN 3 KMS OF KAVERI HOTEL ON SHIPPUR ROAD TOWARDS AJRA” AND “LOCATION S.NO.1030- HADALGA VILLAGE TO RASHING VILLAGE OF NIPPANI AJRA LINK ROAD” VIDE ANNEXURE-D; 2. ISSUE ANY OTHER WRIT, ORDER OR DIRECTION TO WHICH THE PETITIONERS ARE FOUND ENTITLED TO IN THE PRESENT FACTS AND CIRCUMSTANCES.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

1. The petitioner filed his petition seeking a mandamus directing the respondents to cancel the allotment of rural retail outlets process initiated as per the advertisement “location S.No.1025 within 3 kilometres of Kaveri Hotel on Shippur Road towards Ajra” and “location S.No.1030 Hadalga Village to Rashing Village of Nippani-Ajra Link Road” vide Annexure-D. 2. Brief facts leading rise to the filing of this writ petition are as follows:

3. The petitioner is the resident of Sankeshwar and is interested in taking up a dealership of a retail petrol pump of Bharat Petroleum Corporation Ltd (hereinafter referred to as ‘the BPCL’, for short). The petitioner came across the advertisement published by the BPCL on its website. As per the advertisement, invited an application for ‘location S.No.1025 and location S.No.1030’. As per the advertisement published by the respondent regarding the location for setting up a rural outlet, the petitioner sought an information from PWD related to the aforesaid roads. The Assistant Engineer, PWD, Hukkeri, vide communication dated 20.12.2023 informed that the category of the road from Kaveri hotel to Ajra road is a State Highway and the State Highway is numbered as 181. The petitioner approached the respondent and brought to its notice that the rural retail outlet cannot be set up at the location advertised by the respondent, as the same fallsunder the State Highway and thus it amounts to violation of the guidelines. Hence, the petitioner aggrieved by the advertisement filed this writ petition.

4. The respondent filed a statement of objections denying the averments made in the petition and raised several grounds.

5. Heard the arguments of the learned counsel for the petitioner and the learned counsel for the respondent.

6. Learned counsel for the petitioner has raised the grounds urged in the writ petition and submitted that the location which have been shown in the advertisement comes within the State Highway and not within the Rural area, hence, the notification/advertisement issued by the respondent/BPCL is contrary to the guidelines. Hence, on these grounds, prays to allow the writ petition.

7. Per contra, learned counsel of the BPCL submit that the petitioner has lodged a complaint vide Annexure-D and the grievance redressal System has rejected the complaint. He submits that the petitioner has not challenged the order at Annexure R-2 passed by the said Redressal System and hence, the petition