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Signature Not Verified Digitaly Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication

Location: ORISSA HIGH COURT, CUTTACK Date: 23-Apr-2026 12:43:01

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.29224 of 2025 (In the matter of an application under Articles 226 and 227 of the

Constitution of India, 1950).

Debasis Dash …. Petitioner(s)

-versus-

Indian Oil Corporation Ltd., …. Opposite Party (s)

Mumbai and Ors.

Advocates appeared in the case through Hybrid Mode:

For Petitioner(s) : Mr. Nishikant Mishra, Adv. For Opposite Party (s) : Mr. Satya Sindhu Kashyap, Adv.

Mr. P.K. Mishra, Adv.

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI DATE OF HEARING:-13.03.2026

DATE OF JUDGMENT:-31.03.2026 Dr. Sanjeeb K Panigrahi, J.

1. In this Writ Petition, the petitioner seeks a direction from this Court to quash the rejection order dated 20.02.2025 and to require the opposite parties to consider and accept the alternative land offered pursuant to the

Supreme Court’s order for grant of LPG distributorship.

I. FACTUAL MATRIX OF THE CASE

2. The brief facts of the caseare asfollows:

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Signature Not Verified

Digitaly Signed

Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 23-Apr-2026 12:43:01

(i) The petitioner applied for LPG distributorship (Gramin Vitarak) at Rench Sasan, District Puri, pursuant to advertisement dated 16.11.2016 and was initially found eligible, deposited ₹40,000 for field verification, and offered

land under a registered lease deed dated 05.12.2016.

(ii) Upon field verification and subsequent inquiry, conflicting reports emerged regarding the dimension of the land; while one report suggested compliance, another based on trace map indicated deficiency, leading the

Corporation to seek alternative land vide letter dated 26.08.2017.

(iii) The petitioner failed to furnish alternative land within the stipulated time, and his candidature was rejected on 20.01.2018 for not meeting the prescribed dimension of 3m x 4.5m under the Unified Guidelines for LPG

Distributorship.

(iv) The petitioner challenged the rejection in W.P.(C) No. 2525 of 2018, and upon appointment of a Special Officer and field measurement, the High Court dismissed the petition on 21.06.2024 noting admitted shortfall in

land dimension.

(v) During pendency and thereafter, the Corporation proceeded with selection and issued Letter of Intent to another candidate, who has since

undertaken substantial steps towards commissioning the distributorship.

(vi) The petitioner challenged the High Court order before the Supreme Court in SLP No. 16834 of 2024, which was disposed of on 06.08.2024 granting liberty to submit a representation offering alternative land meeting

prescribed measurement criteria.

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Signature Not Verified

Digitaly Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK

Date: 23-Apr-2026 12:43:01

(vii) Pursuant thereto, the petitioner submitted representation with alternative lands, which was rejected on 20.02.2025 on the ground that such land was

not owned as on the last date of application i.e., 03.02.2017.

(viii) The petitioner initially filed contempt proceedings before the Supreme Court but withdrew the same with liberty to challenge the rejection order

before the High Court, leading to the present writ petition.

II. SUBMISSIONS ON BEHALF OF THE PETITIONER

3. Learned counsel for the Petitioner earnestly made the following submissions in support of his contentions:

(i) The petitioner contends that the deficiency in the originally offered land was marginal, being less than one square metre, and therefore curable in nature, which is evident from the liberty granted by the Hon’ble Supreme

Court to offer alternative land.

(ii) It is argued that once the Hon’ble Supreme Court permitted submission of alternative land meeting measurement criteria, the earlier condition requiring ownership as on the last date of application stood diluted for the

limited purpose of such reconsideratio