The High Court of Rajasthan dismissed a writ petition challenging a delay in issuing a Letter of Intent. The court rejected the petitioner's presumption that an LOI must precede further steps, noting the company merely requested clarifications.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2879/2021
Rakshpal Nayak S/o Shri Bhagga Ram Nayak, aged about 34 years, R/o Village Kalwari, Tehsil Ratangarh, District Churu (Rajasthan)-331506
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Sandeep Singh Shekhawat For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
01/04/2021
Learned counsel for the petitioner submits that the condition of seeking NOC from NHAI would be subsequent to the LOI which has to be issued by the Indian Oil Corporation. However, the petitioner is not being issued LOI on the ground that the land evaluation committee has made certain observations and on the said observations, it has been stated that clarification be taken from NHAI.
I have heard learned counsel for the petitioner.
The petitioner has admittedly not taken any steps in terms of the advisory letter issued to it by the Indian Oil Corporation, a presumption is being drawn that NHAI would only respond after a LOI is issued to it. Such a presumption cannot be allowed to be
[CW-2879/2021]
(2 of 2)
accepted. It is the letter sent by the Indian Oil Corporation dated 19.02.2020 does not refuse to grant LOI but he is asking the petitioner to seek clarifications which may be required. The presumption on the part of the petitioner is found to be wholly misconceived.
The writ petition is misconceived and the same is accordingly dismissed. The petitioner is always at liberty to approach to act upon the advice as given by the Indian Oil Corporation.
(SANJEEV PRAKASH SHARMA),J
Arun/39
2 issues framed by the court
Whether the petitioner can seek a Letter of Intent (LOI) without completing clarifications requested by the Indian Oil Corporation.
Whether the petitioner can discern a refusal to grant the LOI from a letter requesting clarifications.
Rakshpal Nayak
Indian Oil Corporation Limited, through its Managing Director
Indian Oil Corporation Limited, Jaipur Divisional Office
The District Collector, Churu
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
