- 1 - HC-KAR NC: 2025:KHC:24199 WP No. 19610 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 19610 OF 2025 (GM-RES) BETWEEN: 1. SMT JYOTHI D H AGED ABOUT 42 YEARS, W/O SRI SATHISH C H, CHIKKAHALLI, Y N HOSAKOTE HOBLI, PAVAGADA TALUK, TUMKUR DISTRICT-572141. …PETITIONER (BY SRI. K J JAGADEESHA., ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF PETROLEUM AND NATURAL GAS, SHASTRI BHAVAN, NEW DELHI-110001 REP BY ITS PRINCIPAL SECRETARY. 2. HINDUSTAN PETROLEUM CORPORATION LIMITED HEAD OFFICE, HAVING ITS OFFICE AT PETROLEUM HOUSE, 17, JAMSHEDJI TATA ROAD, MUMBAI-400020 REP BY ITS CHIEF MANAGER. 3. HINDUSTAN PETROLEUM CORPORATION LIMITED BANGALORE REGIONAL OFFICE, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24199 WP No. 19610 of 2025 HAVING ITS OFFICE AT IST FLOOR, BSNL CACT, DOORAVANINAGARA, KRISHNARAJAPURAM, BENGALURU-560016 REP BY ITS CHIEF REGIONAL MANAGER. …RESPONDENTS (BY SRI. B PRASAD., ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER DTD. 10.06.2025 IN REF.BRO/AR/RET ISSUED BY THE R-3 VIDE ANNX-E. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has sought for setting aside of the letter at Annexure-E whereby the respondent - HPCL has cancelled the letter of interest dated 29.02.2024 issued for retail outlet dealership. The said cancellation was made while observing that even after lapse of 16 months, site was not made available. The reference is made to the previous show cause notices dated 17.01.2025 and 22.04.2025. It is further observed that after issuance of show cause - 3 - HC-KAR NC: 2025:KHC:24199 WP No. 19610 of 2025 notices, petitioner had not come forward for collection of NOC drawings and applications. 2. It is the case of the respondent - Authority that the petitioner was given several opportunities to demonstrate site readiness after obtaining statutory and other necessary approvals for the retail outlet. Learned counsel for respondents 2 and 3 has filed a memo enclosing show cause notices dated 14.11.2024, 17.01.2025 22.04.2025. It is clear that the petitioner has not adhered to the time schedule. 3. Sri. B. Prasad, learned counsel appearing for respondents 2 and 3 submits that there are 13 others who are ready and from amongst 13 others, by lottery according to settled procedure, LOI would be issued. It is submitted that no exception can be made as all of the 13 others were applicants under the same notification and in terms of the notification, the time prescribed is inviolable. It is further submitted that despite indulgence having been - 4 - HC-KAR NC: 2025:KHC:24199 WP No. 19610 of 2025 shown for more than about 1½ years as petitioner even as on date is not ready with the site in all aspects including conversion, no further indulgence could be shown. 4. Learned counsel for the respondents 2 and 3 submits that as of now petitioner stands excluded for the present. However, if all other applications below the petitioner fail, theoretically, application of the petitioner may come up for consideration as per the procedure at a later time. 5. In light of the stand of the respondent, this Court cannot call upon the respondents to make an exception while noticing that the reminders are issued by the respondents and several opportunities afforded have not been taken advantage of. Any direction to make an exception would prejudice the legitimate rights of 13 others who otherwise are willing and accordingly no order can be passed ignoring the rights of the other applicants. It is also noticed that the right is one for consideration and - 5 - HC-KAR NC: 2025:KHC:24199 WP No. 19610 of 2025 there is no absolute right for allotment. Such right not being a vested right is contingent upon fulfillment of conditions and accordingly, no grounds are made out for interference. 6. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP