Manendra Kumar Gangber v. Indian Oil Corporation Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1465 of 2021 • Manendra Kumar Gangber S/o Shri Rumlal Gangber Aged About 38 Years R/o Gram And Post Belargaon, Tehsil Nagri, District Dhamtari Chhattisgarh 493778 ---- Petitioner

Versus

1. Indian Oil Corporation Limited Through Chief Divisional Retail Sales Manager Raipur Division Office Indian Oil Bhawan, Rajiv Gandhi Marg, Vip Road Telibandha Raipur Chhattisgarh 492006

2. General Manager (Retail Sales) Indian Oil Bhawan, 16, Jail Road, Arera Hills, Bhopal Madhya Pradesh 462011

3. Indian Oil Corporation Limited Having Its Registered Office At Indian Oil Bhawan, G-9, Ali Yavar Jung Marg, Bandra (East) Mumbai Maharastra 400051 ---- Respondents For Petitioner :

Mr. Saurabh Jain, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 12.03.

1. Heard.

2. Learned counsel for the petitioner submits that the petitioner had applied for opening of a retail outlet petrol pump for which the site selection was made and the field verification credentials were also given in support of the petitioner. After due verification of the spot, the Letter Of Intent was issued to the petitioner on 21.04.2020. He submits that after the issuance of the Letter Of Intent, the petitioner has invested huge amount of money for development of the site is a legitimate expectation for allotment and all of a sudden on 28.12.2020 a show cause notice was issued to the petitioner about the credential of the land. The petitioner, thereafter has made a representation for the reason that the background

on which such show cause notice was subsequently issued on 28.12.2020 was contrary to their own procedure as projected by the respondent authorities in grant and selection of the site, however despite the fact, the representation of the petitioner dated 23.01.2021 (Annexure P/11) is pending and the same is not being considered till date. Therefore, the limited prayer made by the petitioner is that the respondent authority may be directed to consider the said representation dated 23.01.2021 (Annexure P/11) within a reasonable time.

3. After perusal of the documents, it appears that the petitioner, initially on the basis of the Letter Of Intent which was issued to him on 21.04.2020, has further went on developing the land. At a later point of time subsequently certain issue surfaced in respect of the site of the petrol pump. Since at this stage, the petitioner has made a limited prayer that he made a representation dated Annexure P/11, the same may be directed to be decided. Taking into consideration the documents which have been annexed herewith this petition, the respondent authorities are directed to decide the representation of the petitioner within a further period of 45 days from the date of receipt of copy of this order keeping in view the guideline laid down for selection of site.

4. With the above direction/observation, this writ petition stands disposed off.

Sd/- SD/- sd/- (Goutam Bhaduri) Judge Vishakha