Petitioner sought to quash an advertisement for a BPCL retail dealership and compel allotment after his application was cancelled due to land location discrepancy in a coordinate bench order, which this court noted did not warrant interference. Petition dismissed.
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Neutral Citation No. - 2023:AHC:230231-DB
Court No. - 40
Case :- WRIT - C No. - 38074 of 2023
Petitioner :- Ashok Kumar Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Suresh Chandra Pandey,Saurabh Pandey Counsel for Respondent :- A.S.G.I.,Komal Mehrotra
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
"I. Issue a writ, order or direction in the nature of certiorari quashing the advertisement dated 28.6.2023 for inviting application for Retail outlet dealership having location no.187 at "VILLAGE-GUDHNI, ON BILSI TO WAZIRGUNJ ROAD, DISTRICT BUDAUN" under the category of SC CC1 filed as Annexure-12.
II. Issue a writ, order or direction in the nature of mandamus directing the respondent authority to restore/ continue with the selection process from the point where it was arbitrarily stopped/ cancelled i.e. (FV) for the application no.154546689935280 and complete the same within a time bound manner as fixed by this Hon'ble Court.
III. Issue a writ, order or direction in the nature of mandamus directing the respondent authority to allot the Retail Outlet Dealership to the petitioner in pursuant to his application no.154546689935280 in a time bound manner as fixed by this Hon'ble Court."
of Rs.30,000/- as well as the required documents. Pursuant thereto, the petitioner provided all the original documents and deposited the security deposit of Rs.30,000/- on 23.6.2019. While scrutinizing the land documents, it was found that Village Gudhi is never falling on Bilsi to Wazirgunj Road. As the said village is not falling on Bilsi to Wazirgunj Road stretch, it was not possible to proceed with the selection for the said location. It is contended that as per Clause 'xiv' of the General Conditions to the Advertisement Brochure on Selection of Dealership for Regular and Rural Retail Outlet, 2018, BPCL reserves the right to cancel/ withdraw/ amend the advertisement or extend the due date at its sole discretion without assigning any reasons. As such the aforesaid location was cancelled and the initial security deposit of Rs.30,000/- was also refunded vide demand draft dated 10.12.2020 and the same was also accepted and received by the petitioner on 22.2.2021.
Order Date :- 5.12.2023 SP/
Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court should interfere in the cancellation of an advertisement for a retail outlet dealership by BPCL as the petitioner was informed via a letter dated 23.3.2021?
Whether the writ petition to quash the advertisement, direct restoration of selection process, and allotment of dealership is maintainable in light of coordinate bench orders?
Colour shows how this judgement treated each authority
Ashok Kumar
Union of India
Bharat Petroleum Corporation Ltd.
Mahesh Chandra Tripathi
Prashant Kumar
As recorded by the court registry
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