PIYUSH KHEDE Vs. INDIAN OIL CORPORATION

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India, has been preferred by the petitioner being aggrieved by the order dtd. 19/3/2024 (Annexure P/2) passed by respondent No.2 whereby his application for appointment as regular / rural retail outlet (petrol pump) dealer has been rejected on the ground that a High Tension electricity line is passing above the land offered by him. The petitioner has also challenged the letter dtd. 5/4/2024 (Annenure P/18) issued by the respondents upholding the said rejection.

(2.) The facts of the case in brief are that respondent No.1 had issued an advertisement for allotment of retail outlets at various locations including in District Barwani. The respondents issued notice for appointment of regular / rural retail outlet (petrol pump) dealership. A brochure for selection of dealers for regular / rural retail outlets was also published in June, 2023 providing for guidelines for selection of dealers through draw of lots / bidding process. The petitioner applied for a petrol pump reserved for SC candidate for location at Serial No.47 of the brochure between KM Stone No.113 and KM Stone No.117 on Agra Mumbai National Highway on RHS while going to Mumbai from Indore. The requirement for applying as a dealer was that a candidate must be having minimum plot dimension size of 35 meter X 35 meter. Clause 4(vi) of the guidelines divided all the applicants in three categories based on the land offered by them. Group I was where applicant had suitable piece of land in the advertised location/area. Group II was where applicant had a firm offer for a suitable piece of land for purchase or long term lease and Group III was where applicant did not have any offered land in the application.

(3.) The petitioner submitted his application on 19/9/2023. He offered land ad-measuring 0.434 hectare i.e. 434 square meters having purchased the same by registered sale deed dtd. 22/8/2023. Thereafter he was provisionally selected in Group I. By an e-mail dtd. 31/12/2023 he was directed to furnish certain documents which was done by him. Subsequently, the Land Evaluation Committee sent an e-mail stating that inspection of land would be done on 5/3/2024. Petitioner's land was thereafter inspected and his application was rejected on the ground that the land offered by him has been found to be not meeting the required norms since a 33 KV High Tension line was passing through the land.