Petitioner challenged delay in issuing letter of intent for an IOCL retail outlet. Respondents cited pandemic delays but undertook action. Court disposed of petition directing issuance within three weeks.
Respondents to consider petitioner's application for letter of intent and take action within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE A.V.SESHA SAI
WRIT PETITION No.10138 OF 2020
ORDER:-
Sum and substance of the case of the petitioner herein is that despite compliance of all mandatory requirements, the respondents 2 to 4 are not issuing the letter of intent in favour of the petitioner herein for establishing the Retail Outlet (Serial No.746 in the notification) near Chinarikatla Junction, Prakasam District.
On receipt of notice, a counter affidavit on behalf of the respondents is filed. Paragraphs 2 and 5 of the said counter affidavit read as under:
“At the outset, it is submitted that the 4th respondent undertakes to take appropriate action in respect of the petitioner’s candidature for setting up of IOCL retail outlet, in accordance with law and any delay on part of the 4th respondent, is not deliberate and inadvertent, due to the ongoing pandemic situation.”
“In reply to para No.s.6 and 7 of the writ affidavit, it is reiterated that the 4th respondent undertakes to take appropriate action in respect of the petitioner’s candidature for setting up of the notified IOCL retail outlet, in accordance with law and any delay on part of the 4th respondent, is not deliberate and inadvertent and is only due to the ongoing pandemic situation.”
2
Reiterating the above averments it is submitted by Sri Ashok Ram.V, learned standing counsel for R2 to R4, that due to the difficult situation which has arisen because of Covid-19 pandemic, the application of the petitioner herein could not be processed and the action in the instant case could not be completed, and eventually the learned counsel seeks 3 weeks time for completing the process.
Recording the above averments in the counter affidavit and the submissions of the learned standing counsel for the Respondent Corporation, the Writ Petition is disposed of, directing the respondents to consider the application of the petitioner herein made for issuance of letter of intent for establishing retail outlet and take appropriate action within a period of three weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.
__________________________ JUSTICE A.V.SESHA SAI
Date: 05.10.2020 SJ
37
3
THE HON’BLE SRI JUSTICE A.V.SESHA SAI
WRIT PETITION No.10138 OF 2020
Date: 05.10.2020
sj
1 issue framed by the court
Whether the court can direct the respondents to issue a letter of intent despite ongoing pandemic delays.
Petitioner
Respondents 2 to 4
A.V.Sesha Sai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
