ORDER

The present petition has been filed seeking the following reliefs:

"(i) Allow the petition and to issue a writ of certiorari quashing the above said NIT issued by respondent no.1 dated June, 2023 (Annexure P/3);

(ii) Allow the petition and to issue a writ of certiorari and to quash the order dated 10.11.2023 passed by the respondent no.2 (Annexure P/7);

(iii) Allow the petition and to issue a writ of mandamus directing the respondents to issue a Letter of Intent (LOI) to the petitioner for retail outlet dealership of Patrol Pump as per earlier NIT dated 24.12.2018 for location no.317, Gram Khalwa on the land of the petitioner situated at kh.No.175/1: and (iv) Any other appropriate orders against respondents be issued in favour of the petitioner with cost of the petition."

2. It is the case of the petitioner that in pursuance to a NIT dated 14.12.2018 regarding allotment of distributorship for petroleum outlet, the petitioner has submitted an application on 10.01.2019. He complied with all the formalities. On 02.05.2023, the application of the petitioner was rejected. Thereafter, a fresh NIT has been issued changing the location from location no.317 Gram Khalwa District Khandwa to location no.422 Gram Sanvali-kheda, District Khandwa. The petitioner has submitted a representation before the authorities asking for rejection of the location no.422 Gram Sanvali-kheda as no fault was pointed out by the respondents as far as location no.317 of Gram Khalwa District Khandwa is concerned. The petitioner has fulfilled all the requirements in terms of the previous NIT and without assigning any reasons, the application has been rejected only on the ground that there is no clarity in the location.

3. It is his case that he has already invested Rs.30,000/- in the entire procedure and, therefore, virtually his right is accrued as there is no rejection on merits. Therefore, the petition is being filed seeking interference in the matter.

4. Heard learned counsels for the parties and perused the record.

5. On perusal of the impugned order, it is seen that the location which was identified initially was not found suitable for installation of a petrol pump and, therefore, a decision was taken to change the location and issued a fresh NIT.

The impugned order also reflects that amount of Rs.30,000/- which has been deposited by the petitioner would be refunded to him. Merely by participation in the NIT process, no right is accrued to the petitioner. It is a domain of the authorities whether to install a petrol pump on a particular site or not. They have already given a reasoning that the site is not suitable and, therefore, a decision was taken to cancel the previous NIT. No fault is found with the decision of the authorities. As no right is accrued in favour of the petitioner, no relief can be extended to him in a petition under Article 226 of the Constitution of India. This court cannot declare the location to be a suitable location for installation of a retail outlet. It is a domain of the the authorities to find out best possible location for installation of retail outlet.

6. The petition sans merit and is accordingly dismissed. No order as to costs.

(RAVI MALIMATH) (VISHAL MISHRA) CHIEF JUSTICE JUDGE sj