ARSATH ABDULLA Vs. GENERAL MANAGER, HINDUSTAN PETROLEUM

JUDGEMENT

(1.) This Writ Petition is filed for a Certiorarified Mandamus calling for the records relating to the impugned order of the second respondent made in Ref:CBERO/RET/AAK/946, dtd. 6/3/2024 and quash the same and consequently, direct the respondents to accept the petitioner's lease deed, dtd. 17/7/2023 and rectification deed, dtd. 11/8/2023 and to declare the petitioner as the respondents' dealer as per the communication, dtd. 13/12/2023.

(2.) The case of the petitioner is that the respondents issued an advertisement on 28/6/2023 calling for applications for appointment of dealership for retail outlets throughout the state of Tamil Nadu and Puducherry and the last date for submission of application was 27/9/2023. The petitioner made an application on 20/7/2023 with the application fee and other required attachments for the location that is situated from Bramadesam to Anthiyur on Anthiyur Appakudal Road. Based on the drawal of lots which took place on 12/12/2023, the petitioner was provisionally selected and the same was intimated to the petitioner by the communication, dtd. 13/12/2023. Thereafter, a show-cause notice was issued on 1/2/2024 by mentioning the fact that the petitioner possessed only 1213.9 Sq.mts as on the date of application instead of 1225 Sq.mts and therefore, why his selection should not be cancelled.

(3.) The petitioner submitted his explanation on 4/2/2024. It is submitted that the petitioner possessed the correct entry of 1225 Sq.mts, but, when the petitioner acquired the land by way of a registered lease from its owners, a typographical error crept in instead of typing 31 cents, it was wrongly typed as 30 cents. Therefore, even before the last date of submission of application, a rectification deed was also made on 11/8/2023 and the same was on record and only after considering the original lease deed as well as the rectification deed, the petitioner was selected. The explanation was not accepted and the impugned order, dtd. 6/3/2024 was passed cancelling the selection of the petitioner. Aggrieved by which, the petitioner is before this Court.