Indian Oil Corporation Ltd. Vs Sanjeev Kiran

Heard Mr. Anand Shukla, learned counsel for the appellant as well as Mr. Ali Asgar, learned counsel, appearing for respondent on I.A. No. 01 of 2025, which is an application for condonation of delay of 32 days in filing the appeal.

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For the reasons mentioned in the application, the same is allowed. Delay in filing the appeal is hereby condoned.

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With the consent of learned counsel for the parties, the appeal is heard finally.

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By way of present writ appeal under Section 2 of Sub-Section (1) of the Chhattisgarh High Court (Appeal to Division Bench Act, 2006, the appellant, who was respondent in the writ petition has challenged the order dated 17.10.2024 passed by learned Single Judge in WPC No.17 of 2022 (Sanjeev Kiran Vs. Indian Oil Corporation Ltd.) , by which the writ petition filed by the writ petitioner / respondent herein has been allowed by the learned Single Judge.

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Brief facts necessary for disposal of this appeal are that an advertisement was issued by the appellant for installation of retail outlet (Petrol Pump) at Village Dhurkot on Jangir-Champa, Kera Road, Tehsil Navagarh, District Janjgir (CG) for reserved category. In pursuance of the advertisement, the respondent offered his candidature for the same which was accepted vide Annexure P-1 specifically mentioning the location of the site as village Dhurkot on Jangir Champa Kera Road, Tehsil Navagarh, District Janjgir (CG). Thereafter, letter of intent dated 01.01.2020 (Annexure P-2) was issued by the appellant confirming the selection of the respondent in compliance of which, the respondent deposited the requisite fee with the appellant vide Annexure P-3. Subsequently, NOC was also granted from the office of Collector (Food Branch) District Janjgir Champa issued to the appellant permitting it to

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establish the retail outlet (Petrol Pump) annexing a copy of the site map. When no proceedings were carried out by the appellant regarding installation of the retail outlet (Petrol Pump), the petitioner made several representations, some of them being Annexure P-5 and Annexure P-6. Since the appellant remained heedless to the requests of the respondent, he filed a writ petition being WPC No.4281 of 2021 wherein this Court vide its order dated 27.10.2021 directed the respondent to decide the representations filed by the petitioner within 45 days therefrom. In compliance of the said order, the appellant vide its communication letter dated 01.12.2021 (Annexure P-9) dismissed the representation of the respondent on the ground that the location of retail outlet (Petrol Pump) at village Dhurkot is not situated within the confines of Tehsil Navagarh rather it is within the Janjgir Tehsil and thus the requirement mentioned in the advertisement is not fulfilled. Being aggrieved by the same, the respondent herein has filed a writ petition being WPC No. 17 of 2022 before this Court, which was allowed by the learned Single Judge directing the appellant / respondent therein to proceed further in light of the letter of intent dated 01.01.2020 (Annexure P-2) issued in favour of the petitioner for installation of the retail outlet (Petrol Pump) and ensure that the entire proceedings may be taken to a logical end within a further period of 120 days from the date of receipt of copy of that order. Hence, this appeal has been filed by the appellant.

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Learned counsel for the appellant submits that the impugned order dated 17.10.2024 passed by the learned Single Judge is contrary to law and is liable to be set aside. He further submits that the advertisement specifically required the location for the Retail Outlet to be in Village Dhurkot, Tehsil Nawagarh, District Janjgir-Champa. But upon verification, it was discovered that the proposed location was in Tehsil Janjgir and not Nawagarh. Therefore the respondent failed to meet the location requirement which was a fundamental condition of the advertisement. The selection of the respondent would result in deviation from the advertised location, which was available in the public domain. Consequently, the Appellant Corporation, in the interest of transparency and adherence to proper procedure, took the decision to cancel the location as well as the LOI issued in favor of the respondent. He further contended that the Appellant Corporation sought for the report from the Tahsildar of Nawagarh which confirmed that Village Dhurkot does not exist in Tehsil Nawagarh. The location proposed by the respondent was never aligned with the advertised location, as such the respondent's selection was cancelled. He also contended that the letter of intent is merely an intimation and it does not create any substantial right in favour of the petitioner and since the respondent did not fulfill the requisite eligibility criteria for getting the retail petrol outlet, this appeal deserves to be allowed and order passed by the learned Single Judge be set aside.

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On the other hand, learned counsel, appearing for the respondent opposed the submission made by learned counsel for the appellant and submitted that the learned Single Judge, after considering all the aspects of the matter, has rightly dismissed the writ petition, in which no interference is called for.

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We have heard learned counsel for the parties and perused the impugned order and other documents appended with writ appeal.

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From perusal of the impugned order and the materials available on record, it transpires that whole controversy involved in this case is with regard to the installation of retail petrol outlet on the location offered by the petitioner in pursuance of an advertisement published by the appellant, but the said very advertisement has not been filed by either of the parties before the writ Court for the reasons best known to them. Annexure P-1 is the select list which indicates that the respondent was selected for appointment of retail petrol outlet dealership in the State of Chhattisgarh by IOCL and the name of location was mentioned as village Dhurkot on Janjgir Champa Kera Road Tehsil Navagarh. Letter of intent was also issued in favour of the petitioner on 01.01.2020 vide Annexure P-2. Record also reflects that some application was filed by the appellant itself for grant of NOC from the office of Collector (Food Branch) Janjgir- Champa. Subsequently the Collector also granted the NOC with respect to installation of retail outlet (Petrol Pump) at Village Dhurkot Tehsil Nawagarh Khasra

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No.1825/19 P.H. No.21 District Janjgir- Champa. This NOC appears to have been granted on the request of appellant as it has been addressed from the office of Collector to the appellant only. Map is also appended along with this NOC. The record also reflects that the bills have been filed by the writ petitioner to indicate that he has improved the land for the purpose of installation of retail outlet (Petrol Pump). Though there is a certificate issued by the Tehsildar Annexure P-13 and Annexure R-1 which indicate that the village Dhurkot does not fall within the Tehsil of Nawagarh, but the fact remains that in the letter of intent as well as in the selection letter, the village Dhurkot has categorically mentioned within the District Janjgir Champa and it has also not been disputed by the appellant that the property upon which the respondent has been selected for allocation of retail outlet (Petrol Pump) is in village Dhurkot and within the Janjgir Champa Kera Road. From perusal of the impugned order, it further transpires that a pointed query was made by the writ Court to learned counsel for the respondent therein as to whether the advertisement which was purportedly issued for the said purpose has been canceled or not, he was not able to answer the said query and nothing was on record to suggest that the advertisement was canceled. Considering the aforesaid facts and circumstances of the case, and particularly considering the fact that the writ petitioner had spent a huge amount for preparing the field and erecting the infrastructure required for installation of

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retail petrol outlet, the learned learned Single Judge has allowed the said writ petition directing the appellant / respondent therein to proceed further in light of the letter of intent dated 01.01.2020 (Annexure P-2) issued in favour of the petitioner for installation of the retail outlet (Petrol Pump) and ensure that the entire proceedings may be taken to a logical end within a further period of 120 days from the date of receipt of copy of that order.

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Considering the submissions advanced by the learned counsel for the parties and the finding recorded by the learned Single Judge while dismissing the writ petition filed by the writ petitioner / appellant herein, we are of the considered opinion that the learned Single Judge has not committed any illegality, irregularity or jurisdictional error in the impugned order warranting interference by this Court.

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Accordingly, the writ appeal, being devoid of merit, is liable to be and is hereby dismissed . No cost(s).

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Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice

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Chandra

Indian Oil Corporation Ltd. v. Sanjeev Kiran

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Indian Oil Corporation Ltd. v. Sanjeev Kiran

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