Mohan Kashinath Bhoir v. Hindustan Petroleum Corporation Ltd Throu. Its Chairman And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICT0ION WRIT PETITION NO.16712 OF 2024 Mohan Kashinath Bhoir ... Petitioner

Versus

Hindustan Petroleum Corporation Limited & Ors.

...Respondents

__________ Mr. Sidheshwar N. Biradar a/w Mr. Dinesh Shinde for Petitioner. Mr. Javeed Hussein i/b Mr. Hussein & Co. for Respondent Nos. 1 to 4. Mr. Vishala Kanade k/b Mr. Ajit M. Savagave for Respondent No.5. __________ CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

17 MARCH 2025 P.C.:

1.

This petition is filed under Article 226 of the Constitution of India, praying for the following substantive reliefs :- a) call for Record & Proceeding of the case, grant rule and allow this petition.

b) issue appropriate writ, order or direction thereby directing the Respondent Nos. 1 to 4 immediately withdraw or cancel an Advertisement dated 28.6.2023 [Exhibit-A] as same is vague and ambiguous having no specific requirement of offered land being on State / National Highway and issue fresh Advertisement with proper specifications in the interest of justice.

Alternatively.

c) issue appropriate writ, order or direction thereby directing the Respondent Nos. 1 to 4 to cancel the

candidature and selection of Respondent No. 5 for grant of new dealership of Regular Outlet under HPCL as the offered land by him does not fulfil the criteria of selection for a new petrol pump as mandated under different Rules / Guidelines /Office Memorandums and Court/Tribunal judgments.

d) issue appropriate writ, order or direction to quash and set impugned email communication dated 19.12.2023 as well as letters dated 6.2.2024 & and 23.4.2024 issued by the Respondent No. 4 in the interest of justice. e) issue appropriate writ, order or directing the Respondent No.1 to 4 to consider the Petitioner's offered land for the allotment of dealership of Regular Outlet under HPCL at village Narivali, between Mhasa & Dhasai, District-Thane, Taluka-Murbad and select the Petitioner for grant of new dealership of Regular Outlet under HPCL at village Narivali, between Mhasa & Dhasai, TahsilMurbad, Dist. Thane and issue Letter of Intent (LOI) in favour of the Petitioner.

f) during the pendency and final disposal of the present Writ Petition, restrain the Respondent Nos. 1 to 4 from further processing the selection of Respondent No. 5 for grant of new dealership of Regular Outlet under HPCL as the offered land by him does not fulfil the criteria of selection for a new petrol pump as mandated under different Rules /Guidelines / Office Memorandums and Court / Tribunal judgments in the interest of justice. g) during the pendency and final disposal of the present Writ Petition, direct the Respondent Nos. 1 to 4 to decide the Appeal-cum-Representation dated 14.5.2024 [ExhibitQ] filed by the Petitioner against the order dated 23.4.2024 expeditiously.

h) grant ad-interim ex-parte relief in terms of prayer clause (f) & (g) and confirm the same after notices to the Respondents."

2.

After this petition was argued for sometime, learned counsel for the Petitioner rightly seeks leave to withdraw this Petition with liberty to espouse all contentions in appropriate proceedings. 3.

Allowed to be withdrawn with liberty as prayed for. 4.

All contentions of the parties are expressly kept open. 5.

Disposed of.

6.

No cost.

[ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] RAJESH VASANT CHITTEWAN Date: 2025.03.17 18:28:36 +0530 RAJESH VASANT CHITTEWAN