- 1 - HC-KAR NC: 2025:KHC:29629 WP No. 12552 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 12552 OF 2024 (GM-RES) BETWEEN: SMT. NIRUPAMA. K. C. W/O HEMANTH N , AGED ABOUT 30 YEARS, R/AT YALERAMPURA, KOLALA HOBLI, KORTAGERE TALUK, TUMKURU DISTRICT - 572129. …PETITIONER (BY SRI. SOMASHEKHARAIAH R P.,ADVOCATE) AND: 1. THE HINDUSTAN PETROLEUM CORPORATION LTD A GOVERNMENT OF INDIA ENTERPRISE, NO. 17, JAMSHEDJI TATA ROAD, MUMBAI - 400020 REPRESENTED BY ITS AUTHORIZED OFFICER. 2. THE DEPUTY GENERAL MANAGER L P G REGIONAL OFFICE, 3 AND 4, WHITEFIELD ROAD, MAHADEVAPURA POST, BENGALURU - 560048. …RESPONDENTS Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29629 WP No. 12552 of 2024 (R1 SERVED BY SRI.B. PRAMOD., ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH COMMUNICATION DATED 20/02/2024 ISSUED BY THE RESPONDENT NO. 2 IN REF. BLRO/RG/SPK UNDER ANENXURE-E. ii) ISSUE DIRECTION TO THE RESPONDENTS TO AWARD THE LPG DISTRIBUTORSHIP AT DODDASAGERE, TUMAKURU DISTRICT UNDER OPEN (WP) CATEGORY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:29629 WP No. 12552 of 2024 ORAL ORDER The petitioner, who has applied for award of the LPG Distributorship at Doddasagere, Tumakuru District, is aggrieved by the Communication dated 20.02.2024 [Annexure-E]. The Deputy General Manager [DGM] of M/s The Hindustan Petroleum Corporation Limited [the first respondent] has issued this impugned Communication informing the petitioner that [a] she has offered alternative land for both the godown and the showroom [b] though the alternative land for the godown is suitable, the alternative land shown for a showroom does not meet the eligibility criteria and [c] because she does not offer any other land, her application cannot be accepted. 2. The petitioner and 20 other applicants have responded to the Notification issued for award of this LPG Distributorship and the petitioner is successful in the lot drawn. In terms of - 4 - HC-KAR NC: 2025:KHC:29629 WP No. 12552 of 2024 the Unified Guidelines for Selection of LPG Distributorship, it was open to the petitioner to offer alternative land and in exercise of that option, the petitioner has offered alternative land. The DGM has opined that the alternative land for the show room does not satisfy the eligibility criteria, and the petitioner is not willing to offer any other land. 3. When queried in this regard, Sri B. Pramod, the learned counsel for the petitioner, invites this Court's attention to the following clause in the Unified Guidelines: ""Opportunity to offer alternate land for Godown and/ or showroom In case if the offered land for Godown and/ or offered land for showroom by the selected candidate which is shown in the application is found not meeting the eligibility conditions/ requirements as stipulated in the advertisement/ brochure/ application at the verification (FVC) stage, then one time option of - 5 - HC-KAR NC: 2025:KHC:29629 WP No. 12552 of 2024 offering the alternate land will be available to all the selected candidate, by providing 15 days' time period, and in case any alternate land is offered by selected candidate, the same is to be owned by the applicant/member of the 'Family Unit'/ parents (includes Step Father/Step Mother), grandparents (both maternal and paternal), Brother/ Sister (including Step Brother & Step Sister), Son/Daughter (including Step Son/Step Daughter), Son-in-law/ Daughter in-law; of the applicant or the spouse(in the case of married applicant) as on the last date for submission of application as specified either in the advertisement or corrigendum if any. The selected candidate will be required to provide a declaration along with the offer of the alternate land confirming that the land now being offered by the selected candidate has not been offered by any other applicant in the same advertisement for that particular location. In case, the selected candidate does not offer any alternate land meeting the eligibility conditions/requirements as per above, then another opportunity of 15 days will be provided. If still the candidate does not offer - 6 - HC-KAR NC: 2025:KHC:29629 WP No. 12552 of 2024 any alternate land, then the candidature will be rejected. " 4. Sri B. Pramod submits that the alternative land was offered by the petitioner on 24.11.2023 as is required in terms of the above stipulation, and the lease had to commence between the date of advertisement and the last date for submission, which are 20.05.2023 and 19.06.2023 respectively. The learned counsel emphasizes that if the petitioner did not hold leasehold rights to the alternative land for the showroom as between these dates, this Court must opine that the DGM has rightly opined that the petitioner does not satisfy the eligibility criteria. 5. Sri R. Somashekaraiah does not dispute the dates or the import of the stipulation as aforesaid but proposes to rely upon a decision of a Co-ordinate Bench of this Court in W.P. No.16/2021 which is decided on 11.08.2022. This Court has - 7 - HC-KAR NC: 2025:KHC:29629 WP No. 12552 of 2024 perused this order to examine whether the question that is presented for consideration in the present circumstances is considered by the Co-ordinate Bench. This Court must opine that the Co-ordinate Bench's decision is rendered in the peculiarities of the case where there was a sole applicant. In the present case, there are 20 applicants other than the petitioner and if the petitioner's application does not meet the requirements, the claim of the other applicants must be considered. In the light of these circumstances, this Court opines that there is no reason for interference and the petition stands rejected. Sd/- (B M SHYAM PRASAD) JUDGE NV