Punjab-Haryana High Court
Satpal vs Union Of India And Ors on 21 March, 2024
Author: Deepak Sibal
Bench: Deepak Sibal
Neutral Citation No:=2024:PHHC:041130-DB
2024:PHHC:041130-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.129
LPA-316-2024 (O&M)
Date of decision: 21.03.2024
Satpal ....Appellant
Versus
Union of India and others ....Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MRS. JUSTICE DEEPAK MANCHANDA
Present: Mr. Vikram Singh, Advocate and
Mr. Ishnoor Singh, Advocate
for the appellant.
* * *
DEEPAK SIBAL, J. (Oral)
1. The present intra court appeal is directed against the judgment
dated 15.01.2024 passed by a learned Single Judge of this Court dismissing
the petitioner's writ petition filed by him challenging therein withdrawal of the
Letter of Intent (for short - LOI) issued in his favour by the Hindustan
Petroleum Corporation Limited (for short - the Corporation).
2. Through an advertisement dated 25.10.2014 the Corporation
invited applications for setting up of a petrol pump at Tehsil Indri, District
Karnal. Responding to the afore advertisement, the appellant applied. Being
eligible he was considered and later declared successful in the draw of lots.
Thereafter, in his favour a LOI dated 31.03.2015 was issued by the
Corporation. Later, the Corporation came to know that on 26.08.2015 a LOI
for setting up of a petrol pump has also been issued to the appellant's spouse
by Indian Oil Corporation Limited and therefore, after following the principles
of natural justice, in terms of Clause 21 of the LOI, the appellant's LOI dated
1 of 3
Neutral Citation No:=2024:PHHC:041130-DB
LPA-316-2024 (O&M) [2] 2024:PHHC:041130-DB
31.03.2015 was cancelled. The cancellation of the LOI was challenged by the
appellant before this Court through filing of a writ petition which the learned
Single Judge, through the impugned judgment, has dismissed.
3. Learned counsel for the appellant has been heard and with his
able assistance the record of the case has also been perused.
4. Clause 21 of the LOI dated 31.03.2015 issued in the appellant's
favour reads as under:-
"21. This LOI will stand automatically withdrawn
and cancelled on the happening of any of the following
events:-
a) In case you or your close relatives like
spouse, unmarried son(s) and unmarried daughter
(s) receive anytime or have received a LOI for any
other dealership or distributorship from our
company or any other oil company either in your
individual capacity or in partnership with any other
individual(s).
b) If it is found that you have suppressed and/or
misrepresented any material facts in your
application.
c) In case you are found to be convicted for any
criminal/economic offence involving moral
turpitude.
d) In the event of death if you are an
individual/partner."
5. Clause 21(a) of the LOI issued to the appellant clearly provides
that in case the LOI holder's spouse is at anytime issued a LOI by the
Corporation or any other oil company for setting up a petrol pump, then the
LOI issued to the appellant shall be withdrawn/cancelled.
6. It is not disputed that the appellant was issued LOI dated
2 of 3
Neutral Citation No:=2024:PHHC:041130-DB
LPA-316-2024 (O&M) [3] 2024:PHHC:041130-DB
31.03.2015 by the Corporation to set up a petrol pump at Indri, District Karnal
and that his wife was also issued a LOI dated 26.08.2015 to set up a petrol
pump by the Indian Oil Corporation Limited in the same area. Therefore, after
following principles of natural justice and in terms of afore reproduced clause
21 of the LOI issued to the appellant, the Corporation is rightly found to have
withdrawn/cancelled the LOI issued to the appellant.
7. In the light of the above, no error, legal or factual, is found in the
impugned judgment of the learned Single Judge.
8. Dismissed.
9. All pending miscellaneous applications, if any, also stand
disposed of.
(DEEPAK SIBAL)
JUDGE
(DEEPAK MANCHANDA)
JUDGE
March 21, 2024
Jyoti 1
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
3 of 3
