- 1 - HC-KAR NC: 2026:KHC:7722 WP No. 10546 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.10546 OF 2020 (GM-RES) BETWEEN: SMT. S. NETHRA AGED ABOUT 34 YEARS W/O CHANDRASHEKAR V, NO.3, POLICE QUARTERS , MYSURU ROAD, BENGALURU - 560 002. …PETITIONER (BY SRI. THANISH C.REDDY, ADVOCATE FOR SRI.ABHINAV RAMANAND A., ADVOCATE) AND: 1. THE INDIAN OIL CORPORATION A CORPORATION INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT INDIAN OIL BHAVAN, G-9, ALI YAVAR JUNG MARG, BANDRA (EAST), MUMBAI - 400 051. REPRESENTED BY ITS CHAIRMAN. 2. M/S INDIAN OIL CORPORATION, MYSURU DIVISIONAL OFFICE, NO.36/A, 1ST FLOOR, B.N. ROAD,MYSURU TRADE CENTRE, OPP. KSRTC BUS STAND, MYSURU-570 001, REPRESENTED BY ITS DIVISIONAL HEAD. …RESPONDENTS (BY SRI.SANTOSH S NAGARALE, ADVOCATE FOR R1 AND R2) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7722 WP No. 10546 of 2020 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 13.03.2020 ISSUED BY THE R-2 AT ANNEXURE-E TO THE WRIT PETITION AND CONSEQUENTLY, DIRECT THE RESPONDENTS TO COMPLETE THE PROCESS IN RELATION TO RETAIL OUTLET AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER The petitioner, in response to a notification issued by the respondents for allotment of petrol bunk dealership, had made an application on 25.12.2018 seeking allotment of retail outlet dealership at Koppa, RHS on NH 75 towards Hassan. Petitioner had submitted/furnished all the required documents as called for including a copy of the document reflecting her leasehold rights over the property located in the notified area. However, second respondent sent a communication dated 13.03.2020 holding petitioner is ineligible on the premise that the document furnished by the petitioner regarding the land was a “mortgage deed” which does not fall under clause 4 (v) of the Brochure providing classification of land in Group 1 of the - 3 - HC-KAR NC: 2026:KHC:7722 WP No. 10546 of 2020 notification. Being aggrieved, the petitioner is before this Court. 2. Learned counsel for the petitioner taking this Court through the records submits that the document which is produced by the petitioner as per Annexure-D of the petition, though termed as “Bhogya Patra”, in Kannada language, the substance of the document would indicate the same is an offer by the owner of the land to grant lease for a fixed period of 20 years specifically to be used for the purpose of setting up petroleum business. He further submits that the contents of the said document would reveal that the same meets the requirement of both Group 1 and Group 2 of the notification. Hence, communication issued by the respondent authority is one without authority. Hence, seeks for allowing of the petition. 3. In response, the learned counsel for respondent- corporation taking this Court through the requirement of Group 1 and Group 2 of the notification submits that the document produced by the petitioner showing the land for the purpose of allotment of retail shop would not meet the requirement. In that, he submits the document is a “Bhogya Patra” which - 4 - HC-KAR NC: 2026:KHC:7722 WP No. 10546 of 2020 means a “mortgage deed”. A “mortgage deed” is not contemplated and cannot be termed as a “lease agreement”. Therefore he submits that there is no error or illegality committed by the respondents in declining to accept the document produced by the petitioner. Hence, he seeks for dismissal of the petition. 4. Heard and perused the records. 5. Brochure regarding selection of dealers for the regular and rural retail outlets produced at Annexure-A, provides for the description of the property and column 4 (v) reads as under : “4. ELIGIBILITY CRITERIA FOR INDIVIDUAL APPLICANTS-PROPRIETORSHIP/PARTNERSHIP Common Eligibility criteria for all categories applying as individual (as on date of application unless mentioned otherwise) xxx xxx xxx (v) Land (Applicable to all categories): The applicants would be classified into three groups as mentioned below based on the land offered or land not offered by them in the application form:- Group 1: Applicants having suitable piece of land in the advertised location/area either by way of ownership/long term lease for a period of minimum 19 years 11 months are as advertised by the OMC. - 5 - HC-KAR NC: 2026:KHC:7722 WP No. 10546 of 2020 Group 2: Applicants having Firm offer for a suitable piece of land for purchase or long term lease for a period of minimum 19 years 11 months or as advertised by the OMC. Group 3: Applicants who have not offered land in the application……….” 6. The document at Exhibit-D produced along with the Writ Petition is titled as “ d«Ää£À ¨sÉÆÃUÀåzÀ PÀgÁgÀÄ ¥ÀvÀæ ”. Unnumbered paragraphs 4 and 5 of the said document read as under : “C ¯ÁUÁAiÀÄÄÛ £À£Àß ºÀPÀÄÌ ªÀÄvÀÄÛ £À£Àß ªÀiÁ°ÃPÀvÀéPÉÌ M¼À¥ÀlÄÖ ¸ÀzÀj d«Ää£À SÁvÉ ªÀÄvÀÄÛ ¥ÀºÀtÂAiÀÄ£ÀÄß JA.Dgï.£ÀA.H30/2013-14 gÀ ªÀÄÆ®PÀ £À£Àß ºÉ¸ÀjUÉ SÁvÉ ªÀUÁðªÀuÉ ¥ÀqÉzÀÄPÉÆAqÀÄ, ¸ÀPÁðj PÀAzÁAiÀÄ ªÀUÉÊgÉ ¥ÁªÀw ªÀiÁrPÉÆAqÀÄ, AiÀiÁªÀ ¥ÀgÀ¨sÁgÉ ªÀUÉÊgÉ ªÀiÁqÀzÉ ±ÁAwAiÀÄÄvÀªÁV C£ÀĨsÀªÀ¹PÉÆAqÀÄ §A¢gÀÄvÉÛãÉ. ¸ÀzÀj d«ÄãÀÄ 0-38 UÀÄAmÉ ¥ÉÊQ 0.21.08.00 UÀÄAmÉ (E¥ÀàvÉÆÛAzÀÄ ªÀgÉ UÀÄAmÉ) d«ÄãÀ£ÀÄß ¤ªÀÄUÉ (20) E¥ÀàvÀÄÛ ªÀµÀðUÀ¼À CªÀ¢üUÉ ¥ÉmÉÆæÃ¯ï §APï ªÀiÁqÀĪÀ GzÉÝñÀPÁÌV ¤ªÀÄUÉ ¨sÉÆÃUÀå ªÀiÁqÀ®Ä Eaѹ F ¢ªÀ¸À F PɼÀPÀAqÀ ¸ÁQëUÀ¼À ¸ÀªÀÄPÀëªÀÄ ¸ÀéwÛ£À ¨sÉÆÃUÀåzÀ PÀgÁgÀÄ ªÉƧ®UÀÄ gÀÆ.10,000-00 (ºÀvÀÄÛ ¸Á«gÀ) gÀÄ¥Á¬ÄUÀ¼À£ÀÄß ¤UÀ¢ü ªÀiÁrzÀÄÝ, gÀÆ.10,000-00 (ºÀvÀÄÛ ¸Á«gÀ) gÀÆ¥Á¬ÄUÀ¼À£ÀÄß F ¢ªÀ¸À F PɼÀPÀAqÀ ¸ÁQëUÀ¼À ¸ÀªÀÄPÀëªÀÄ ¤«ÄäAzÀ £ÀUÀzÁV ¥ÀqÉ¢gÀÄvÉÛãÉ. µÉqÀÆå¯ï ¸ÀévÀ£ÀÄß EA¢¤AzÀ (20) E¥ÀàvÀÄÛ ªÀµÀðUÀ¼À PÁ® ªÁ¬ÄzÉ UÉÆvÀÄÛªÀiÁrPÉÆArzÀÄÝ, EzÀgÀ°è ¤ÃªÀÅ EArAiÀÄ£ï D¬Ä¯ï PÁ¥ÉÆðÃgÉõÀ£ï °«ÄmÉmï PÀA¥À¤ (L.N.¹.J¯ï) ¥ÉmÉÆæÃ¯ï §APï ªÀiÁqÀ®Ä ªÀiÁvÀæ ªÀÄÄAzÉ G¥ÀAiÉÆÃV¸ÀvÀPÀÌzÀÄÝ. PÀA¥À¤AiÀÄ C¢üPÀÈvÀ rîgï²¥ï ªÀÄAdÆgÁzÀ £ÀAvÀgÀ PÀA¥À¤AiÀÄÄ ¤ªÀÄUÉ ¨sÀÆ ¥ÀjªÀvÀð£É PÉýzÁUÀ CzÀPÉÌ ¨sÀÆ ¥ÀjªÀvÀð£É PÁ¬ÄzÉAiÀÄAvÉ f¯Áè¢üPÁjUÀ¼ÀÄ ºÁUÀÆ ¥ÀAZÁ¬Äw ªÀw¬ÄAzÀ CxÀªÁ ¸ÀA§AzsÀ¥ÀlÖ ¥Áæ¢üPÁgÀ¢AzÀ ¨sÀÆ ¥ÀjªÀvÀð£É ªÀiÁr¹PÉÆAqÀ £ÀAvÀgÀ ªÀiÁ¹PÀ ¨ÁrUÉAiÀÄ£ÀÄß ¤zsÀðj¹PÉÆAqÀÄ ¤ªÀÄä ºÉ¸ÀjUÉ M¦àUÉ ¥ÀvÀæ CxÀªÁ (°Ã¸ï CVæêÉÄAmï) £ÀÄß £ÉÆÃAzÀt ªÀiÁr¹PÉÆqÀ®Ä M¦àgÀÄvÉÛãÉ. £ÀAvÀgÀ PÀæªÀĪÁzÀ ¥ÀvÀæUÀ¼ÉÆqÀ£É ¸ÀévÀ£ÀÄß ¤ªÀÄä ¸Áé¢üãÀPÉÌ ©lÄÖPÉÆqÀ®Ä M¦gÀÄvÉÛãÉ. ¸ÀzÀj PÀgÁj£À ªÁ¬ÄzÉAiÀÄ°è ¸ÀéwÛ£À ¨sÉÆÃUÀåzÀ PÀgÁgÀÄ ªÉƧ®VUÉ §rØ EgÀĪÀÅ¢®è.” 7. Settled principle of law is that a construction of a document has to be with reference to its contents and substance and not with reference to its nomenclature. Perusal - 6 - HC-KAR NC: 2026:KHC:7722 WP No. 10546 of 2020 of the aforesaid clauses of the document indicate that the petitioner has paid Rs.10,000/-, receipt of which is accepted by the owner of the land therein, who has promised to give the land on lease for a fixed period of 20 years. Unnumbered para 5 of the said document extracted above would further fortify the contention of the petitioner wherein the parties therein have agreed that after the petitioner obtaining/awarded dealership by the respondent-company, monthly lease payment would be decided. The said 4th and 5th unnumbered paragraphs further indicate that after the grant, if the land is required to be converted from agricultural to non-agricultural purpose, necessary orders shall also be obtained. 8. Clearly the said contents of Annexure-D meet the requirement of classification of land as Group 2 extracted hereinabove, wherein there is a firm offer of a suitable piece of land for long term lease for a period of 19 years 11 months. Therefore, the impugned communication produced at Annexure-E issued by the second respondent, declining to accept the document citing non-compliance of classification of land as Group 1 requirement cannot be countenanced. - 7 - HC-KAR NC: 2026:KHC:7722 WP No. 10546 of 2020 9. Communication-Annexure-E, being contrary to the requirement of land extracted hereinabove is therefore quashed. Matter is remitted to the respondents to reconsider the application of the petitioner taking into consideration the clauses of the Brochure and the contents of the document as extracted hereinabove and pass appropriate orders as expeditiously as possible. Accordingly, the petition is allowed. Sd/- (M.G.S. KAMAL) JUDGE CKL List No.: 1 Sl No.: 11