Facts
HPCL advertised a retail-outlet dealership on 28 June 2023.
Source reference: no citationThe petitioner applied for the location on the LHS towards Shorapur, within 8 km of Subhash Chowk, Yadgir, and was selected in the draw of lots and placed on the provisional list.
Source reference: no citationAfter remitting the initial security deposit, his application was rejected on 27 January 2025 on the ground that the proposed site did not meet the advertised dimensions.
Source reference: p.4The petitioner relied on a communication scheduling field verification for 27 September 2024, whereas the rejection referred to an inspection on 23 August 2024.
Source reference: p.5The respondents’ report recorded the land as 30 metres by 15 metres, but was undated and contained blank columns; the petitioner’s sketch showed different land particulars.
Source reference: p.5–6HPCL had meanwhile allotted the outlet to respondent No. 3.
Source reference: p.6Issues
1. Whether the petitioner’s application was properly rejected on the basis of the Land Evaluation Committee’s assessment of the proposed site.
Source reference: p.5–62. Whether the allotment made to respondent No. 3 following that rejection could be sustained.
Source reference: p.6Law Applied
The petition invoked the High Court’s writ jurisdiction under Articles 226 and 227 of the Constitution.
Source reference: p.2–3The judgment cites no specific statute, regulation, or precedent governing the land evaluation. It directs that the fresh evaluation and subsequent decision be made “in accordance with law”.
Source reference: p.2–3, 7Reasoning
The Court found material uncertainty in the evaluation: the communicated field-verification date differed from the inspection date stated in the rejection, the respondents’ report was undated and incomplete, and its recorded dimensions appeared prima facie inconsistent with the petitioner’s sketch.
Source reference: p.5–6These discrepancies warranted a fresh Land Evaluation in the petitioner’s presence rather than reliance on the existing assessment. Because respondent No. 3’s allotment followed the challenged rejection, the Court held that it could not stand.
Source reference: p.6Holding
The Court allowed the petition, quashed the rejection dated 27 January 2025 and the consequential allotment to respondent No. 3, and directed respondent No. 1 to conduct a fresh Land Evaluation in the petitioner’s presence and thereafter decide the matter in accordance with law.
No costs were ordered.
Source reference: p.7Original Court PDF
SYED NAYEEMULLAH HUSSAINIvsTHE HINDUSTAN PETROLEUM CORPORATION LIMITED
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