PRESENT THE HON'BLE MR N v. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO
Case Details
- 1 - NC: 2025:KHC:5737-DB WA No. 1800 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO. 1800 OF 2024 (GM-RES) BETWEEN: 1. THE DIVISIONAL RETAIL SALES HEAD INDIAN OIL CORPORATION LTD. MARKETING DIVISION BANGALORE DIVISIONAL OFFICE INDIAN OIL BHAVAN, #29 KALINGA RAO ROAD (MISSION ROAD), BANGALORE-560 027. (BY SRI UDAYA PRAKASH M., ADVOCATE) …APPELLANT AND: 1. K. SUDHAMANI
Legal Reasoning
W/O. Y. SRINIVAS AGED ABOUT 44 YEARS R/AT NO.840, MASJID ROAD 4TH BLOCK, BETHAMANGALA KGF, KOLAR-563 116. Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:5737-DB WA No. 1800 of 2024 2. THE UNION OF INDIA MINISTRY OF PETROLEUM AND NATURAL GAS REP. BY ITS PRINCIPAL SECRETARY SHASTRI BHAVAN DR. RAJENDRA PRASD ROAD NEW DELHI-110 001. …RESPONDENTS (BY SRI R. HEMANTH RAJ, ADVOCATE FOR R.1; SMT. RESHMA K. THAMMAIAH, CGC FOR R.2.) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGEMENT/ORDER OF THE LEARNED SINGLE JUDGE DATED 13.09.2024, PASSED IN WRIT PETITION NO.21754/2024 (GM-RES), IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN - 3 - NC: 2025:KHC:5737-DB WA No. 1800 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE M.I.ARUN) Aggrieved by the order dated 13.09.2024 passed in Writ Petition No.21754 of 2024, the second respondent therein has preferred this writ appeal. 2. For the sake of convenience, the parties are referred to
Decision
herein as per their status in the writ petition. 3. The first respondent issued a notification for the allotment of a Retail Outlet Dealership (Petrol Bunk). The petitioner submitted an application for the allotment of the Retail Outlet Dealership (Petrol Bunk) by offering land in Property No.88/2 of Panthanahalli Village, Kyasamballi Hobli, KGF Taluk. The petitioner was selected in the draw of lots for the allotment of the Retail Outlet Dealership (Petrol Bunk) held on 20.07.2022. 4. The petitioner entered into a lease deed for Sy.No.52/1 of Mittakothur Village, Kyasamballi Hobli, KGF Taluk, Kolar, on 15.06.2023, and submitted a representation to the first respondent on 07.07.2023 to change the land from Sy.No.88/2 to Sy.No.52/1. Subsequently, the second respondent accepted the petitioner’s - 4 - NC: 2025:KHC:5737-DB WA No. 1800 of 2024 request and issued a letter of intent dated 24.08.2023. At the instance of the respondent-Corporation, the petitioner received a necessary No Objection Certificate (NOC) from the competent authority for establishing the retail outlet petrol bunk. 5. Given these circumstances, a complaint lodged by one Chinnaswamy on 20.11.2023 resulted in an impugned communication canceling the allotment made in favor of the petitioner. This was based on allegation that the petitioner concealed the surrender of leasehold rights concerning Property No. 88/2, which was earlier offered for the allotment of the petrol bunk. 6. Aggrieved by the said issuance of notice for cancellation of petrol bunk, the petitioner preferred writ petition No.21754 of 2024. 7. The learned Single Judge on the ground that the petitioner did not misrepresent, suppress, or provide incorrect or false statements in the application for the allotment of petrol bunk and has requested for change of address for installation of the petrol bunk in accordance with law and also for the reason that a complaint against the petitioner made by one Chinnaswamy is after 30 days from the date of the draw of lots / bidding process, which is - 5 - NC: 2025:KHC:5737-DB WA No. 1800 of 2024 impermissible as per the terms of the contract, allowed the writ petition and has set aside the notice dated 02.08.2024 (Annexure-'A' to the writ petition) and directed the second respondent (appellant herein) to permit the petitioner to commission the Retail Outlet Dealership of Petrol bunk as per letter of intent. Aggrieved by the same, the present writ appeal is filed. 8. Respondent No.2 (appellant herein) submits that the learned Single Judge erred in appreciating the fact that the petitioner concealed the information that the land taken on lease in Sy.No.88/2, Panthanahalli Village, Kyasamballi Hobli, KGF Taluk, was surrendered by the husband of the petitioner on 06.09.2021. It is submitted that the impugned notice has been issued to the petitioner for violation of the following terms of the contract: "If any statement made in the application or in the documents enclosed therewith or subsequently submitted in pursuance of the application by the candidate at any stage is found to have been suppressed / misrepresented / incorrect or false, then the application is liable to be rejected without assigning any reason and in case the applicant has been appointed as a dealer, the dealership is liable to be terminated. In such cases the candidate / dealer shall have no claim whatsoever against the respective Oil Company". - 6 - NC: 2025:KHC:5737-DB WA No. 1800 of 2024 For the said reason, it is prayed that the order of the learned Single Judge be set aside and writ petition be dismissed. 9. The learned counsel appearing for the petitioner (respondent No.1 herein) justify the order passed by the learned Single Judge and prays for dismissal of the writ appeal. 10. Perusal of the papers produced by the parties concerned show that when the application was made for allotment of a Retail Outlet, the husband of the petitioner had leasehold rights over the property No.88/2 of Panthanahalli Village, Kyasamballi Hobli, KGF Taluk. Thereafter, it is submitted by the petitioner that she was required to surrender the said leasehold rights and hence, the petitioner requested for allotment of petrol bunk in a different place at No.52/1 of Mittakothur Village, Kyasamballi Hobli, KGF Taluk, Kolar, in the same vicinity, over which the petitioner has leasehold rights and after due verification of the site for establishment of petrol bunk, the same has been approved by the concerned Officers of second respondent (appellant herein). Only thereafter, permission has been accorded to the petitioner to establish the petrol bunk. The documents, prima facie, does not disclose any - 7 - NC: 2025:KHC:5737-DB WA No. 1800 of 2024 concealment of facts as alleged by the second respondent (appellant herein) in the impugned notice. 11. For the aforementioned reasons, we do not see any error in the order passed by the learned Single Judge and the writ appeal is accordingly, dismissed. Pending interlocutory applications, if any, stand disposed of. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 23