ORDER

In this petition filed under Article 226 of the Constitution, petitioner has prayed for following reliefs:-

(i) To quash the impugned order dated 5.10.2020 (Annexure - P/1) issued by the Respondent No.3 and further direct the respondents to allot the R.O. dealership to the petitioner;

(ii) Any other relief, which this Hon'ble Court deem fit may also be awarded.

2. With the consent of the parties, heard finally.

3. Shri Dinesh Upadhyay, learned counsel appearing for the petitioner submits that respondent Indian Oil Corporation Limited invited proposal for allotment of various Regular & Rural Retail Outlets dealership by advertisement dated 14.12.2018 published on 28.12.2018, including location Khadgapur Block, Khadgapur, Tehsil Khadgapur, District Tikamgarh under category OPEN. Pursuant to advertisement, petitioner applied for dealership along with all the required documents and necessary information, which was found suitable and site offered by petitioner was selected for Retail Outlets dealership and petitioner was informed by respondent through Email dated 05.02.2019 based on draw of lots for selection of Retail Outlets dealership for above location, petitioner has been declared as selected.

4. H e further submits that petitioner shocked to receive Email dated 05.10.2020 from respondent Corporation, wherein it was intimated to petitioner that Land Evaluation Committee visited site offered on 01.10.2020 and found the same to be not meeting required norms as advertisement was for rural RO, whereas offered land falls under Municipal limit. It is intimated to petitioner that his candidature was found ineligible due to aforesaid reason. Challenging the said communication, petitioner has approached this Court by way of instant petition.

5. Learned counsel for petitioner submits that once selection letter was issued to petitioner, respondents had no authority to cancel selection and impugned communication is arbitrary, illegal, erroneous and liable to be quashed. He prays for restoration of selection of petitioner and allotment of dealership.

6. Shri Aditya Adhikari, learned senior counsel appearing on behalf of respondents submits that though advertisement was issued for allotment of Retail Outlets dealership on 14.12.2018 including location Khadgapur Block, Khadgapur, Tehsil Khadgapur, District Tikamgarh under category OPEN, later on, it was revealed that side falls under Municipal limits whereas, the advertisement was issued treating the location as Rural Area. Considering the same, it appeared that mistake was committed by Petroleum Corporation Ltd. in including location Khadgapur Block, Khadgapur, Tehsil Khadgapur, District Tikamgarh under category OPEN for rural RO, despite the same is situated at Municipal area, which does not falls under the category of Rural Retail Outlets.

Therefore, Petroleum Corporation Ltd. has rightly decided to cancel the selection of petitioner. He further submits that in advertisement itself, it was specifically mentioned that the corporation reserves the right to cancel/withdraw the advertisement or extend the due date for its LOI distribution without assigning any reasons.

7. He further submits that only selection letter was issued at the most the same may be treated as LOI, but no contract was executed between petitioner and respondents, and therefore, petitioner cannot compel the respondents to execute the contract.

8. Heard counsel for the parties, considered the submission of learned counsels and perused the record.

9. I t appears that advertisement was issued by Petroleum Company for inviting the offers for selection of dealers for Regular & Rural Retail Outlets.

Relevant brochure contained guidelines of selection of dealers for Regular & Rural Retail Outlets through draw of bidding process. Clause (1) of guidelines provide for identification of location and reads as under:-

1. IDENTIFICATION OF LOCATIONS Location for setting up Retail Outlets are identified by the respective oil