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2025 DAILYLAW 20133 (ALL)

SHRI NATH YADAV v. INDIAN OIL CORPORATION LIMITED AND 2 OTHERS

WRIC/11851/2021 · 2025-03-03

Shekhar B Saraf, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30864-DB Court No. - 40 Case :- WRIT - C No. - 11851 of 2021 Petitioner :- Shri Nath Yadav Respondent :- Indian Oil Corporation Limited And 2 Others Counsel for Petitioner :- Anurag Rai,Birendra Singh,Hari Kant Shukla Counsel for Respondent :- Archana Singh Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the order dated April 4, 2021 wherein the application for award of RO dealership of the petitioner was rejected by the Indian Oil Corporation. The order of rejection is delineated below:- "Dear Sir, 1. Please refer to your application received by us as Application Form No. 15456446288792 on the subject and our letter dated 06-Sep-2019 informing you about the visit of Land Evaluation Committee for evaluation of your offered land. 2. This is to inform you that the Land Evaluation Committee visited the site offered by you on 17-Sep-2019 and found the same to be not meeting the required norms as detailed below: During Land evaluation (LEC) on 17.09.2019, following observations were made (1) Depth of offered plot bearing gata no. 313, 322k, 336 located at village bachhuvar, pargana Chanda, Tehsil badlapur Distt Jaunpur is 40m. (2) There is intersection of NH-731 (Singramau bypass) and old NH-731 at distance of 600m from offered plot which is not meeting NHAI norms & also not meeting minimum depth required as per advertisement condition. We have provided an opportunity to you to get clarification from NHAI within 100 days vide our letter dated 30.09.2019 but reply received from your side isn't satisfactory. LEC Report dated 19.09.2019 was also acknowledged by you. Hence plot offered by you is not fulfilling minimum depth of 45 Meter required as per advertisement condition for setting up Retail Outlet. 3. In view of the above, we regret to inform you that you candidature has been found ineligible. However, your candidature may get considered for selection along with Group 3 applicants as per guidelines. Thanking you Yours faithfully For Indian Oil Corporation Ltd." 3. It is to be noted that in spite of opportunity provided to the petitioner, the petitioner could not provide proper clarification to the Oil Corporation and accordingly, the Oil Corporation has already chosen another candidate from Group- 1 and the petrol pump has also been commissioned. 4. In light of above factual matrix that proper clarification was not provided by the petitioner, we do not find the action of Corporation arbitrary and mala fide, accordingly, no interference is required and the writ petition is dismissed. Order Date :- 4.3.2025 Virendra (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad