Nagpur: The Nagpur Bench of Bombay High Court has issued notice in the matter pertaining to allotment of a petrol pump dealership by Indian Oil Corporation Ltd (IOCL).
The petitioner Ravi Arun Narwade came across an advertisement published by Indian Oil Corporation Ltd in a Marathi daily “Sakal” dated 25-11-18. It was submitted that the said advertisement invited applications for allotment of petrol pump dealership. It was further submitted that, Mauza Shembalpimpri was also included in the said advertisement from where candidate for petrol pump dealership was to be selected.
Narwade had applied for petrol pump dealership at Mauza Shembalpimpri vide application dated 23-12-18 from Group II. It is submitted that, Ravi Narwade had entered into a lease agreement with one Ramesh Shyamrao Salunke who was owner of Gat No. 146, Mauza Shembalpimpri, Tah Pusad Dist Yavatmal. The lease agreement contained clause for subletting the land to oil company. It is submitted that the petitioner Ravi Narwade had filled in all the required details and also mentioned land to be Gat No. 146, Mauza Shembalpimpri, Tah Pusad Dist Yavatmal. The said application was filled in on 23-12-19 at about 10.22 pm. It is submitted that, while Ravi Narwade was filling the form, there was technical glitch in the website of Indian Oil Corporation Ltd and hence Narwade could not submit the form in initial two attempts and form was ultimately submitted in 3rd attempt. That, even though, Ravi Narwade had filled in Gat No. to be 146, same was shown in the print out of application to be Gat No. 57 due to problems in website and due to technical glitch.
Narwade had given necessary documents including application form, Appendix-XA, Appendix-IIIA, Appendix-IIIA, 7/12 extract, caste certificate, caste validity certificate etc to Indian Oil Corporation Ltd vide application dated 18-05-19. It is submitted that, perusal of Appendix-IIIA as well as notarized affidavit would reveal that, Ravi Arun Narwade had stated Gat No. to be 146 Mauza Shembalpimpri, Tah Pusad Dist Yavatmal and not Gat No. 57.
On 22-06-19, Ravi Narwade received an email from Indian Oil Corporation Ltd informing him that, he has been selected for the draw of lots and he should remain personally present at Hotel Tuli International in Nagpur on 4-07-19 along with requisite documents.
While Narwade had been to Hotel Tuli International on 4-07-19 for draw of lots, he was not informed by Indian Oil Corporation Ltd that, there is mistake while filling in Gat No. vis a vis Appendix-XA, Appendix-IIIA, Appendix-IIIA, 7/12 extract etc.
On 14-12-19, Narwade received another email from Indian Oil Corporation Ltd informing him that, he has been held ineligible as there is mismatch in Survey No. of the land.
It is submitted that, Ravi Narwade was astonished to receive the mail as he has filled in correct details in the online application but it is only due to technical glitch that, wrong Survey No. was mentioned. Further, Narwade has submitted that, all required documents which mentioned Gat No.146 Mauza Shembalpimpri, Tah Pusad Dist Yavatmal.
Therefore Ravi Narwade filed writ petition before High Court praying for allotment of petrol pump in his favour alleging high handed action on the part of Indian Oil Corporation Ltd. It was submitted that, documents supplied viz. Appendix-XA, Appendix-IIIA, Appendix-IIIA, 7/12 extract etc also mentioned Gat No.146 Mauza Shembalpimpri, Tah Pusad Dist Yavatmal but it appears that, respondent has not applied its mind to said documents and did not conduct verification of proper Survey No.
The Division Bench, presided over by Justice RK Deshpande and Justice Amit Borkar, issued notice and by way of ad interim order directed that, allotment of petrol pump shall be subject to decision of writ of writ petition.
Adv Mir Nagman Ali appeared for the petitioner Ravi Arun Narwade.