YOGENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this Public Interest Litigation the petitioner who is a Press Reporter has prayed for issuance of appropriate writ, order or direction cancelling the LOI issued in favour of respondent No.4 and certain other cognate reliefs have also been prayed for.

(2.) Brief facts of the case are that respondent No.2- Bharat Petroleum Corporation had invited applications for the purpose of selection of Retail Outlet Dealership for the location of Gram Bolai, Tahsil Gulana, District Shajapur. In pursuance to the advertisement, respondent No.4-Govind Nayak applied for the same. The Oil Marketing Companies (OMCs) had evolved a new Dealer Selection Guidelines according to which the selection is to be carried out through a transparent system of draw of lots/bidding process. As per the guidelines the applicant should have suitable piece of land in the avertised area either by way of ownership or long term lease for a period of minimum 20 years and the land should be available with the applicant as on the date of the affidavit to be filed along with the application. Clause 4(vi) of Eligibility criterion relating to land for individual applicant reads as under :-

(3.) In pursuance to the advertisement, respondent No.4 while applying for the allotment of the Dealership, offered land bearing survey No.1341/1 admeasuring 0.130 Hect. Out of 0.386 Hect. (appox. 13988 sq/m) which was given on lease to one Shailendra Choudhary for a period of 19 years and 11 months from 30.11.2012 to 29.10.2029. In the application it was mentioned by respondent No.4 that the lease was surrendered by Shailendra Choudhary vide acceptance deed dated 7.11.2014 and he was in exclusive possession of the land offered by him. However, without verifying the actual status on 6.10.2016, draw of lots/opening of bids for selection of Retail Outlet Dealership was held by the officials of respondent No.2 and the respondent No.4 was declared as selected and allotment was made in his favour. On 24.3.2018 respondent NO.4 applied for cancellation of lease deed executed by him in favour of Shailendra Choudhary and vide cancellation deed dated 24.3.2018 the same was cancelled. It was also mentioned therein that the possession of the land was handed over by the lesser to the lessee on 24.3.2018 which shows that the officials of respondent No.2 committed illegality in allotment of dealership in favour of respondent No.4 and thereafter the complaint was made to Deputy Managing Director, Bharat Corporation Ltd., Bhopal on 8.5.2018 but till today no action has been taken, therefore the petitioner had left with no other choice but to file the present petition.