GUWAHATI, India, July 29 -- Gauhati High Court issued the following order on June 30:
1. Heard Mr. S. H. Sikdar, learned counsel for the petitioner. Also heard Mr. M. K. Choudhury, learned Senior Counsel and Standing Counsel, IOC, assisted by Mr. M. M. Kashyab, learned counsel for the respondents.
2. This writ petition under Article 226 of the Constitution of India has been filed challenging the email dated 23.06.2025, issued by the respondent authorities, whereby the candidature of the petitioner for retail outlet dealership has been cancelled.
3. Issue notice to the respondents.
4. As Choudhury, learned Senior Counsel and Standing Counsel, IOC, has entered appearance and accepted notice on behalf of all the respondents, no formal notice is required to be issued to the respondents. However, he shall be furnished with requisite extra-copy of the petition, along with the annexures appended thereto, during the course of the day.
5. Heard on the prayer for interim relief.
6. Mr. Sikdar, learned counsel for the petitioner, submitted that in pursuant to the advertisement dated 28.06.2023, issued by the Indian Oil Corporation Limited, the present petitioner had applied for a retail outlet dealership at the location "From Bhawanipur Traffic Point to Howly Traffic Point". He was duly selected in the process, and thereafter, identified a plot of land and entered into a lease agreement after obtaining the necessary No Objection Certificate (NOC) from the concerned Department. However, the petitioner's candidature was subsequently cancelled by the respondent authorities without prior notice or opportunity of hearing. He submitted that the cancellation was solely on the ground that the NOC from one of the co-pattadars was not obtained, despite the petitioner having submitted all other requisite documents. He further submitted that the draw for selection of dealership is scheduled on 07.07.2025, and hence, an interim relief may be granted restraining the respondents from proceeding further with the draw till disposal of the writ petition.
7. Mr. Choudhury, learned Senior Counsel and Standing Counsel, IOC for the respondent, submitted in this regard that the petitioner was only provisionally selected and he was required to submit original land documents for verification. However, at the time of such verification, the documents produced were found to be inconsistent with the information submitted in the application. He further submitted that the lease agreement was executed between the petitioner and one lessor Mafiz Uddin Mollah @ Mafiz Uddin Ahmed, without obtaining NOC from other co-pattadars. He further submitted that while no final selection has been made till date and the draw of lots has been scheduled for 07.07.2025, the respondents will be filing their written objection shortly and therefore, he, prayed for some time to file objection.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x895KIUuRyw8CVAcDmdzxX%2FMd8CssL4ruJRmde8tGLh8&caseno=WP(C)/3826/2025&cCode=1&cino=GAHC010146932025&state_code=6&appFlag=)
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