- (1.) We have heard Sri V.B. Upadhyaya, learned senior counsel assisted by Sri Ashok Tripathi for the Petitioner. Sri Prakash Padia, appears for Respondent Nos. 2 and 3 - Bharat Petroleum Corporation Ltd.
(2.) The Petitioner is aggrieved by the letter of Territory Manager (Retail), Meerut of Bharat Petroleum Corporation Ltd (hereinafter called as the BPCL) dated 5.9.2006 withdrawing the Letter of Intent (LOI) dated 10.2.2001 for the proposed MS/HSD Retail Outlet Dealership at Kaushambi, District Ghaziabad.
(3.) Brief facts giving rise to the writ petition are that the Petitioner applied in pursuance to the advertisement issued in the year 2001 published in daily newspapers, for proposal to appoint retail outlet dealer for kerosene-L.D.O. at locations given in the advertisement in the State of U.P. Item No. 4 in the advertisement, was in respect of retail out dealership at Kaushambi in District Ghaziabad, in open general category, for which last date for receipt of application was 10.10.2000. In respect of details of the land and the location, the advertisement provided as follows: Applicable for Retail Outlet Dealerships only (Not Applicable for locations reserved for SC/ST Categories): The applicant should furnish, alongwith the application, details of land which he/she may make available for the dealership, considering the location of the land from the point of view of commercial angle. Applicants willing to transfer the land on ownership/long lease to the oil company at the rates acceptable to the oil company would be given preference. If an applicant, after selection, is unable to provide the land indicated by him/her earlier, within a period of 2 months, the allotment of the dealership made to him/her would be cancelled.;