- 1 - HC-KAR NC: 2025:KHC:45521 WP No. 32796 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 32796 OF 2016 (GM-RES) BETWEEN: A NARAYAN SWAMY AGED ABOUT 43 YEARS, S/O ANJINAPPA, AGALAGURKI VILLAGE AND POST, CHIKKABALLAPUR TALUK- 562 101 …PETITIONER (BY SRI. V V GUNJAL., ADVOCATE) AND: 1. THE INDIAN OIL CORPORATION LTD BY ITS EXECUTIVE DIRECTOR, C-9, ALI YAVAR JUNG MARG BANDRA (E) MUMBAI- 400 051 2. THE INDIAN OIL CORPORATION LTD., MARKETING DIVISION, INDANE AREA OFFICE, IV FLOOR, UNITY BUILDING, JCW ROAD, BANGALORE- 560 002 BY ITS CHIEF AREA MANAGER …RESPONDENTS (BY SRI. PRASHANTHA KUMAR S T, ADVOCATE) THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEX-A NOTICE ISSUED BY THE RESPONDENTS THROUGH R-2, ISSUED IN NEWSPAPER DTD.7.6.2017 [TIMES OF INDIA] AS ILLEGAL ARBITRARY AND IN VIOLATION OF PRINCIPAL OF NATURAL JUSTICE., AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45521 WP No. 32796 of 2016 ORAL ORDER In this petition, the petitioner is assailing the Notice issued by respondent No.2 in the Newspaper dated 07.06.2016 (Times of India) and inter alia sought for a direction to the respondents No.1 and 2 to issue "Letter of Intent" in favour of the petitioner. 2. Facts in nutshell for the purpose of adjudication of this writ petition are that, the petitioner has made an application on 21.09.2013 to respondent No.1- Indian Oil Corporation, for the purpose of issuance of license for LPG Distribution Agency at Mahadevapura Outer Ring Road, Bengaluru, under 'Open Category'. It is also stated that, the respondents have not issued 'Letter of Intent' to the petitioner and despite the same, the respondents have issued another Advertisement in the Newspaper, impugned at Annexure-A, and therefore, the petitioner has presented this petition. 3. I heard Sri.V.V.Gunjal, learned counsel for the petitioner and Sri S.T.Prashantha Kumar, S.T., for the respondents. - 3 - HC-KAR NC: 2025:KHC:45521 WP No. 32796 of 2016 4. The learned counsel appearing for the petitioner, by referring to the requisites for seeking grant of licence by the respondents, argued that the petitioner has produced the Sale Agreement dated 10.10.2013 at Annexure-E and the Lease Deed dated 31.10.2013 at Annexure-D, wherein the petitioner is having a sufficient land to stock LPG cylinders for effective distribution of the same to customers. Despite the same, respondents No.1 and 2 have issued fresh Notice at Annexure-A and hence, sought for interference. 5. Learned counsel for the petitioner further submitted that, the petitioner has entered into an agreement with his father-in-law and his brother as per Annexure-E as the petitioner's wife is having an interest in the schedule property mentioned in the Agreement of Sale and therefore, he sought for interference of this Court by referring to the judgment of the High Court of Judicature at Allahabad in Writ C No.2055 of 2016 disposed on 29.01.2016 (Smt.Amrita Arya vs. Union of India & 3 Others) with regard to the definition of the word ‘Family Unit’ in the Guidelines for Selection of Regular LPG - 4 - HC-KAR NC: 2025:KHC:45521 WP No. 32796 of 2016 Distributors of the respondent and accordingly, sought for interference by this Court. 6. 6. Per contra, Sri.Prashantha Kumar S.T., learned counsel appearing for the respondents No.1 and 2 reiterates the averments in the statement of objections. 7. Having taken note of the submission made by the learned counsel appearing for the parties, the name of the petitioner was declared in the Lottery for distribution of the LPG cylinders and in this regard, the petitioner was directed to furnish the relevant documents as per the guidelines issued by the respondent-Authorities as per Annexure-R1 to the statement of objections. The requisite requirement is that the petitioner has to produce certain documents as to ownership of the land for issuance of license for LPG Distribution and in this regard, the petitioner has produced Lease Deed dated 31.10.2013 (Annexure-D) and the Sale Agreement dated 10.10.2013 (Annexure-E) evidencing that, the petitioner had entered into Sale Agreement with his father-in-law to purchase the schedule property and that could be taken into consideration as the requisite for grant of license for - 5 - HC-KAR NC: 2025:KHC:45521 WP No. 32796 of 2016 establishing the LPG Godown. On careful consideration of the statement of objections particularly with regard to paragraph 13 wherein, it is stated that, it is a condition precedent that the petitioner has to produce document with regard to his ownership in respect of the subject land, however, taking into consideration the Lease Deed and the Agreement of Sale, it is apparent that it does not confer title or ownership in favour of the petitioner. Therefore, I am of the view that the judgment referred by the petitioner, would not benefit the petitioner to say that his Wife is having an interest in the Schedule Property mentioned in the Sale Agreement. 8. In that view of the matter, as the petitioner has not produced the relevant document to establish his right over the property in question, which is a prerequisite for grant of the LPG Distribution Agency, I am of the view that, no interference is called for in this writ petition. Accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE rs/List No.: 1 Sl No.: 25