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Patna High Court

Suman kumarversusThe Bharat Petroleum Corporation Limited,

Decided
Disposal
DISMISSED

Holding

The court held that the lease deed was not executed by all co‑owners as required by the dealer selection guidelines, and therefore the rejection of the application was valid.

Summary

The petitioner, Suman Kumar, applied for a retail outlet (RO) dealership of Bharat Petroleum Corporation Ltd. (BPCL) after executing a lease deed with the sons of the original landowners. BPCL rejected his application, invoking Clause 4(vi)(a) of its Dealer Selection Brochure, which requires that a lease deed on long‑term lease be signed by all co‑owners of the land. The petitioner argued that the daughters of the original owners, who were married, were not required to sign and that the lease deed was valid. BPCL contended that under the Hindu Succession Act the daughters are co‑owners and their signatures were mandatory. The court examined the brochure’s wording, noted that the lease deed lacked the daughters’ signatures, and held that the rejection was in accordance with the stipulated guidelines. Consequently, the writ petition seeking certiorari and mandamus was dismissed.

Issues considered

  • Whether the rejection of the RO dealership application for lack of signatures of all co‑owners violates any statutory right of the petitioner.
  • Whether Clause 4(vi)(a) of the Dealer Selection Brochure mandates that a lease deed be executed by all co‑owners, including daughters under the Hindu Succession Act.
  • Whether the petitioner is entitled to a writ of certiorari or mandamus directing BPCL to consider his application.

Legislation cited

Subjects

  • RO dealership
  • lease deed
  • co‑ownership
  • Dealer Selection Brochure
  • certiorari
  • mandamus
  • Hindu Succession Act
  • public procurement

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.2629 of 2025
                  ======================================================
                  Suman kumar, Son of Uma Shankar Thakur, Resident of Village- Manguraha,
                  P.S.- Tajpur, District- Muzaffarpur, Bihar.

                                                                          ... ... Petitioner/s
                                                  Versus
            1.    The Bharat Petroleum Corporation Limited, through its Managing Director,
                  Bharat Petroleum Corporation Limited 12/E and F Maker Towers, Cuffe
                  Parade, Mumbai, Maharashtra.
            2.    The Managing Director, Bharat Petroleum Corporation Limited 12/E and F
                  Maker Towers, Cuffe Parade, Mumbai, Maharashtra.
            3.    The Head of Territory Office, Co-ordinator (Retail), Bharat Petroleum
                  Corporation Limited, Muzaffarpur.
            4.    The Territory Manager (Retail), Bharat Petroleum Corporation Limited,
                  Muzaffarpur.
            5.    The Assistant Manager Sales (Retail), Bharat Petroleum Corporation
                  Limited, Muzaffarpur Territory, Muzaffarpur.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Prince Kumar Mishra, Adv.
                  For the Respondent/s     :        Mr.Siddhartha Prasad, Adv.
                  For the Resp. No. 1 to 5          Mr. Amresh Kr. Singh, Adv.
                                                    Mr. Dineshwar Pd. Singh, Adv.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                        ORAL ORDER

11   28-04-2026                  Heard learned counsel for the parties.

                                 2. The present writ petition has been filed for the

                    following relief(s):-

                                               “(a) For issuance of a writ in the nature
                                               of       Certiorari,         quashing    the
                                               communication bearing reference No.
                                               BPC16953142793164 dated 24.12.2024,
                                               whereby and whereunder, it has been
                                               informed to the petitioner that his
                                               application for Award of RO dealership
Patna High Court CWJC No.2629 of 2025(11) dt.28-04-2026
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                                    at within 6 KM from DAV School, Kanti
                                    towards Marwan on Kanti Marwan Road
                                    District- Muzaffarpur, Bihar under OPEN
                                    category Advertised on 28.06.2023, has
                                    been found to be ineligible.
                                    (b) For issuance of the writ in the nature
                                    of Mandamus directing and commanding
                                    upon      the    respondent   authorities   to
                                    consider the application of petitioner for
                                    Award of RO dealership at within at
                                    within 6 KM from DAV School, Kanti
                                    towards Marwan on Kanti Marwan Road
                                    District- Muzaffarpur, Bihar under OPEN
                                    category Advertised on 28.06.2023.
                                    (c) For any other appropriate reliefs
                                    which may be given to the petitioner
                                    under the given facts of the case.”


                           3. It is the case of the petitioner that pursuant to

          the advertisement issued by the Respondent-Bharat Petroleum

          Corporation Ltd., the petitioner had made his application for RO

          Dealership. That prior to the date of submitting his application,

          the petitioner had entered into a lease deed with all the co-

          owners of the land offered to the authority. However, the

          authority without considering the lease deed, has rejected the

          application made by the petitioner on a vague and legally

          untenable ground.
Patna High Court CWJC No.2629 of 2025(11) dt.28-04-2026
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                           4. Learned counsel appearing on behalf of the

          petitioner submits that the authorities have relied upon Clause 4

          (vi)((a) of the Dealer Selection Brochure June 2023 and rejected

          the application made by the petitioner on legally untenable and

          non-existent ground. Learned counsel submits that as on the

          date of execution of the lease deed, all the co-owners of the

          property, i.e., the sons of the original owners, had executed the

          lease deed. That the reason for rejection of the application is on

          the ground that the other legal heirs of Late Harindra Prasad

          Pandey and Late Anirudh Pandey have not signed the lease

          deed. Learned counsel submits that all the legal heirs of the

          above two mentioned original owners had signed the lease deed

          and the daughters of the said two persons were not signatories to

          the lease deed as they were married long back. Counsel submits

          that subsequently also the land was mutated only in the names

          of the sons of the original two owners, who are the lessors of the

          leased land. Learned counsel has therefore prayed this Hon’ble

          Court to set aside the impugned order and direct the authorities

          to process the application made by the petitioner, duly taking

          into consideration the fact that the lease deed dated 12.09.2023

          is a valid lease deed and is in consonance with the guidelines

          issued by the Respondent-Corporation.
Patna High Court CWJC No.2629 of 2025(11) dt.28-04-2026
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                      5. Per contra, learned counsel appearing on behalf of

          Respondent-BPCL submits that the guidelines issued by the

          authority are clear and unambitious. That as per Clause 4(vi)(a)

          of the Dealer Selection Brochure, June 2023, all co-owners of

          the property should jointly sign the lease deed. However, in the

          present case, the Vanshabali filed by the petitioner itself shows

          that besides the sons, the two original owners are having

          daughters and they have not signed the lease deed. Learned

          counsel submits that the daughters also have property rights as

          per the Hindu Succession Act and therefore, the authority was

          well within its exercise in rejecting the application made by the

          petitioner. Learned counsel has therefore prayed this Hon’ble

          Court to dismiss the present writ petition.

                      6. Admittedly, in the present case, the advertisement

          for establishment of a retail outlet of the Respondent-

          Corporation for RO dealership was issued on 28.06.2023 and

          the petitioner filed his application on 21.09.2023. That prior to

          submitting his application, the petitioner had entered into a lease

          deed with the sons of the original co-owners, namely, Late

          Harindra Prasad Pandey and Late Anirudh Pandey.

                      7. In order to resolve the issue involved in the present

          writ petition, it is necessary to extract the relevant provisions of
Patna High Court CWJC No.2629 of 2025(11) dt.28-04-2026
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          the guidelines issued by the Respondent-Oil Corporation more

          particularly, Clause 4(vi)(a) of the Dealer Selection Brochure

          June 2023, which reads as under:-

                             vi) Land (Applicable to all categories):
                             The applicants would be classified into three
                             groups as mentioned below based on the land
                             offered or land not offered by them in the
                             application form: -
                             Group-1: Applicants having suitable piece of
                             land in the advertised location/area either by
                             way of ownership/long term lease for a period of
                             minimum 19 years 11 months or as advertised by
                             the OMC.
                             Group-2: Applicants having Firm Offer for a
                             suitable piece of land for purchase or long-term
                             lease for a period of minimum 19 years 11
                             months or as advertised by the OMC.
                             Group-3: Applicants who have not offered land
                             in the application. Only applicable for locations
                             advertised under SC/ST category.
                             Applications         under   Group-3   would   be
                             processed/advised to offer land (Annexure - D)
                             only in case no eligible applicant is found or no
                             applicant get selected under Group -1 & Group-
                             2.
                             In case land offered by all the applicants under
                             Group 1 & Group 2 is found not suitable/not
                             meeting requirements, then these applicant/s
                             under Group -1 & Group - 2 along with
Patna High Court CWJC No.2629 of 2025(11) dt.28-04-2026
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                             applicants under Group 3 (who did not offer
                             land along with application) would be advised
                             by the OMCs to provide suitable land in the
                             advertised location /stretch, within a period of
                             90 days from the date of issuance of intimation
                             letter to them through SMS/e-mail. In case the
                             applicant fails to provide suitable land within the
                             prescribed period, or the land provided is found
                             not meeting the laid down criteria, the
                             application would be rejected.
                             The other conditions with respect to offering of
                             land are as under: -
                             a) The land should be available with the
                             applicant as on the date of application and
                             should have minimum lease of 19 years and 11
                             months (as advertised by respective oil company)
                             from the date or after the date of advertisement
                             but not later than the date of application. If the
                             offered land is on Long-term lease and there are
                             multiple owners, then lease deed should be
                             executed by all co-owners ; such lease deed shall
                             be treated as invalid.”


                    8. A perusal of the above makes it abundantly clear that

          the land which is sought to be offered by the petitioner, if taken

          on lease, should be signed by all the co-owners as on the date of

          the application and it should be for a minimum lease of 19

          years and 11 months. Admittedly, in this case, the lease deed
             Patna High Court CWJC No.2629 of 2025(11) dt.28-04-2026
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                       was not executed by the daughters of the above two persons,

                       namely, late Harindra Prasad Pandey and late Anirudh Pandey,

                       it was executed only by the sons. Irrespective of the fact as to

                       whether subsequently the offered land was mutated in the

                       names of only sons is of no consequences and it is to be noted

                       that the order of mutation is dated 28.03.2025.

                                 9. Having regard to the same, this Court does not find

                       any merits in the present writ petition and the same is

                       accordingly dismissed.



                                                                 (A. Abhishek Reddy , J)
Bhardwaj/-

U


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