Hon'ble Saurabh Lavania,J.
Heard Sri O.P. Tiwari, learned counsel for the petitioner and Sri Shikhar Anand, learned counsel for the respondent nos. 2 and 3.
By this writ petition under Article 226 of the Constitution of India the petitioner is praying for issuance of writ of mandamus commanding the respondent nos. 2 and 3 to provide LoI/dealership of Hindustan Petroleum Corporation Limited in S.C. Category on the land gata no. 3606 situated at Village Deeh, Pargana Hadaha, Tehsil Sadar, District Unnao as per the guidelines dated 24.11.2018 and advertisement dated 25.11.2018 published in the Danik Jagran newspaper.
Brief facts of the case are that the petitioner in pursuance of the advertisement dated 25.11.2018 applied for granting of dealership of petrol pump and online draw of lots for applicants who had offered land under Group 1 was held on 18.06.2019 and petitioner was declared as selected on the basis of online draw of lots, however, the award of dealership was provisional subject to compliance of certain terms and conditions of the Corporation. Petitioner was advised to submit initial security deposit and documents in support of his application vide e-mail dated 19.06.2019 and in response he submitted all the relevant document pertaining to his retail outlet dealership on 28.06.2019. After scrutiny of the documents, the land offered by the petitioner was visited by Land Evaluation Committee on 12.07.2019 and during the visit the committee aforesaid found that the land offered by the petitioner does not meet NHAI norms for setting up of retail outlet as "There is a Damar Road (more than 3.5 meter) observed within 300 meters of the plot towards Jawahar Khera". Since the land offered by the petitioner does not meet NHAI norms, he, vide letter dated 03.09.2019, advised to obtain clarification from NHAI regarding suitability of the offered land within 100 days i.e. by 12.12.2019 that the land offered by him meets NHAI norms for setting up of a retail outlet. Hence, this writ petition.
Learned counsel for the petitioner submitted that as per the advertisement and guidelines framed by the Corporation, which is part of the writ petition, there is no provision to follow the NHAI norms. Learned counsel for the petitioner further submits that the Corporation is not following the NHAI norms in other existing petrol pumps and petitioner has made a detailed representation dated 13.10.2019, Annexure No. 9 to the writ petition, but till date no order in black and white has been passed and same is still engaging the attention of the authority concerned.
Learned counsel appearing for the respondent nos. 2 and 3 submitted that petitioner has made a detailed representation/objection and same will be decided at the earliest, as per the guidelines of the Corporation.
On due consideration of the aforesaid, without commenting on the merits of the case, we direct the respondent no. 3 to consider and decide the representation of the petitioner, in accordance with law, after providing due opportunity of hearing to him, by a speaking and reasoned order within a period of thirty days from the date of production of certified copy of this order before him.
With the aforesaid, writ petition is disposed of.
[ Saurabh Lavania, J. ] [ Pankaj Kumar Jaiswal, J. ] Order Date :- 29.11.2019 Shekhar