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WP No. 1771 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.1771 OF 2024 (GM-RES)
BETWEEN:
B V LAKSHMIDEVAMMA
W/O S M THIMMAIAH,
CURRENTLY AGED ABOUT 47 YEARS,
R/AT NO.6, OPP.1479, 2ND CROSS,
8TH A MAIN, 1ST PHASE, 5TH STAGE,
BEML LAYOUT, RAJARAJESHWARI NAGARA,
BANGALORE – 560 098.
…PETITIONER
(BY SRI. SUNIL S. RAO, ADV. FOR
SRI. T. SESHAGIRI RAO, ADVOCATE)
AND:
INDIAN OIL CORPORATION LTD.,
(HEAD OF DIVISIONAL OFFICE),
INDIAN OIL CORPORATION LIMITED,
Digitally signed MYSORE DIVISIONAL OFFICE,
by NO.36/A, 1ST FLOOR, B.N.ROAD,
LEELAVATHI S MYSORE TRADE CENTER,
R OPP. KSRTC BUS STAND,
Location: HIGH MYSORE – 570 001.
COURT OF
KARNATAKA …RESPONDENT
(BY SMT. KAVITHA DAMODARAN, ADVOCATE)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ENDORSEMENT ISSUED VIDE E-MAIL DATED 30.12.2023 AS FOUND AT
ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
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ORAL ORDER
In this petition, petitioner has sought for the following reliefs:-
“a) Issue a writ / order / direction in nature of a
certiorari quashing the impugned endorsement issued vide an
email dated 30.12.2023 as found at Annexure-A and;
b) Consequently pass necessary directions to
process the application of the petitioner dated 22.12.2023 as
found at Annexure-E.
c) Grant such other order / direction which this
Hon’ble Court may be pleased to in the facts and
circumstances of the case, to meet the ends of justice and
equity.”
2. Heard learned counsel for the petitioner and learned
counsel for the respondent and perused the material on record.
3. A perusal of the material on record will indicate that
pursuant to the respondent – IOCL inviting applications for
establishment of retail sales outlet, the petitioner submitted his
application on 19.09.2023 subsequent to which there was draw of
lots on 12.12.2023 in which the petitioner was selected and a
confirmation in this regard was communicated to the petitioner,
who uploaded all her documents including the PAN Card and paid
the initial security non-refundable deposit to the respondent on
22.12.2023. On 30.12.2023, the respondent issued an e-mail to
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the petitioner intimating her that she was ineligible since there was
a mismatch in the PAN number mentioned in her application and
her actual PAN number as per the Income tax records. The
petitioner submitted representations dated 04.01.2024, 06.01.2024
and 09.01.2024 to the respondent stating that the mismatch in the
PAN number mentioned in her application was due to an
arithmetical and typographical error and the same was not an
incurable / non-rectifiable defect within the meaning of Clause
23(n) of the guidelines on selection of dealers by the respondent
and accordingly, requested the respondent to grant the dealership
in her favour. It is the grievance of the petitioner that since the
respondent did not consider the said representation nor grant
allotment in favour of the petitioner, she is before this Court by way
of the present petition.
4. The petition has been opposed by the respondent, who
has filed its statement of objections and sought for dismissal of the
petition.
5. A perusal of the impugned endorsement will indicate
that the sole ground on which the respondent has refused to grant
dealership in favour of the petitioner, who had already been
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selected for retail pump outlet was by stating that there was a
mismatch in the PAN number of the petitioner in that instead of
stating the actual Pan number BFWPL2832K, the petitioner had
stated BEWPL2832K; immediately thereafter, the petitioner
submitted three representations dated 04.01.2024, 06.01.2024 and
09.01.2024 raising grievances, despite which the respondent did
not take any steps in this regard; the said error / mistake in
mentioning the PAN number incorrectly by stating the letter ‘E’
instead of ‘F’ in the PAN number is clearly due to oversight and
inadvertence and on account of a typographical / clerical error on
the part of the petitioner, which cannot be construed or treated as
an incurable / non-rectifiable defect as contended by the
respondent, particularly when the petitioner has repeatedly stated
in her representations that the said mistake / error was due to
bonafide reasons, unavoidable circumstances and sufficient cause.
Under these circumstances, I am of the view that having selected
the petitioner in the draw of lots for grant of dealership, the
respondent clearly fell in error in not considering the
representations of the petitioner and not granting dealership of
IOCL outlet in her favour warranting interference by this Court in
the present petition.
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6. Insofar as the contention urged by the respondent that
Clause 23 of the guidelines categorizes mismatch in the PAN
number also as a non-rectifiable deficiencies, apart from the fact
that the said guidelines are neither mandatory nor binding upon the
petitioner, in the peculiar / special facts and circumstances of the
instant case wherein the petitioner had submitted repeated
representations ventilating her grievances as directed by the
respondent itself in the impugned e-mail, the said circumstance of
mismatch which was neither intentional nor deliberate but on
account of bonafide reasons, unavoidable circumstance and
sufficient cause cannot be made the basis by the respondent to
contend that the petitioner was not eligible for grant of dealership
and consequently, the said contention urged by the respondent
cannot be accepted.
7. In the result, I pass the following:
ORDER
(i) The petition is hereby allowed.
(ii) The impugned endorsement / e-mail at
Annexure – A dated 30.12.2023 is hereby quashed.
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(iii) The respondent is directed to process the
application at Annexure – E dated 22.12.2023 submitted by
the petitioner and proceed further in accordance with law as
expeditiously as possible.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
Srl. / SV
