- 1 - HC-KAR NC: 2026:KHC:29020 WP No. 17697 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 17697 OF 2022 (GM-RES) BETWEEN: MOHAN KUMAR N R S/O RAJAPPA N AGED ABOUT 40 YEARS R/O NUGGEHALLI VILLAGE NITHIGERE POST, CHANNAGIRI TALUK DAVANAGERE DISTRICT-577213. …PETITIONER (BY SRI. R SHASHIDHARA, ADVOCATE) AND: 1. BHARATH PETROLEUM CORPORATION REPRESENTED BY HEAD (RETAIL) SOUTH, SOUTHERN REGIONAL NO.1 RANGANATHAN GARDEN OFF 11TH MAIN ROAD ANNA NAGAR (WEST), CHENNAI-600040. 2. BHARATH PETROLEUM CORPORATION REPRESENTED BY HEAD OF TERRITORY T M RETAIL MANGALORE MANGALORE COSTAL INSTALLATION NEAR APMC YARD, OFF NH-17 BAIKAMPADI, MANGALORE-575001. 3. BHARATH PETROLEUM CORPORATION REPRESENTED BY TERRITORY MANAGER T M RETAIL MANGALORE MANGALORE COSTAL INSTALLATION NEAR APMC YARD OFF NH-17 Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29020 WP No. 17697 of 2022 BAIKAMPADI, MANGALORE-575001 4. CPIO BPCL (KARNATAKA) DUPARC TRINITY 7TH FLOOR M G ROAD, BANGALORE-560001. 5. KUMAR N J S/O JAYAPPA AGED ABOUT 40 YEARS, R/O NIMBAPURA VILLAGE SANTHEBENNUR HOBLI CHANNAGIRI TALUK-577213 …RESPONDENTS (BY SRI.KUMAR N J, ADVOCATE FOR R1 TO R4: SRI CHANDRAKANTH, R PATIL, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED CANCELLATION INTIMATION LETTER ISSUED BY THE R2 REF NO: 15448022609241 DATED 02.02.2019 VIDE ANNEXURE-H AND IMPUGNED ONLINE STATUS OF THE APPLICATION ISSUED BY THE R2 UN-DATED VIDE ANNEXURE-L AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER The application filed by the petitioner seeking grant of authorization for allotment of retail shop has been rejected by the respondent No.1 on the premise of petitioner not furnishing - 3 - HC-KAR NC: 2026:KHC:29020 WP No. 17697 of 2022 the declaration in the prescribed format regarding specific category under which offered land would fall. 2. Condition No.4(k) of the advertisement notification indicate the following: "Each applicant will have to declare, in the application form, the category under which offered land falls. Supporting the above, confirmatory letter from an advocate (Appendix III B) giving details of the current ownership, documents relied upon and the category under which the land falls (Group1 or Group2), as on date of application, is also to be furnished as and when advised. The Group under which the applicant's land falls, would be determined based on the declaration given in the application and confirmatory letter from the advocate regarding the same." 3. Perusal of the said condition indicate that petitioner ought to have furnished a confirmatory letter from an advocate in Appendix III B giving details of his current ownership, document relied upon and the category under which the land falls whether Group1 or Group2 as on the date of application. Annexure-L is a result of the application forms submitted by the candidates including the petitioner in which respondent No.5 has been selected accepting his location of land in Group2 while the petitioner's application has been rejected. This communication is dated 25.12.2018 whereas, petitioner herein seem to have submitted the additional documents on - 4 - HC-KAR NC: 2026:KHC:29020 WP No. 17697 of 2022 19.01.2019 which is subsequent to the closure of the said application. 4. Application filed by the petitioner being non-compliant with the condition noted above his requisition for allotment has been cancelled. 5. Learned counsel for the respondent files a memo which read as under: "The undersigned counsel for Respondents hereby submits that the Retail outlet at Nuggehalli village, Davangere location is already allotted to Kumar NJ, through DPSL Agreement 29th December 2022 and retail outlet is commissioned and products are being sold in the said outlet by the dealer Kumar NJ. Copy of the DSPL Agreement dated 29th December 2022 is herewith annexed, same may be taken on record in interest of justice and equity." 6. Since respondent No.5 has already been allotted and granted dealership authorization and he has set up the retail outlet and is operating which fact is not disputed. The petition has become infructuous. Petition dismissed accordingly. SD/- (M.G.S. KAMAL) JUDGE SBN LIST NO.: 1 SL NO.: 55