ORDER : SACHIN SINGH RAJPUT, J. 1. The petitioner has filed this petition seeking following relief:- (A) That this Hon’ble Court may kindly issue a writ of Certiorari quashing the letter dated 01.12.2021 (Annexure P-9). (B) That this Hon’ble Court may kindly issue a writ of Mandamus directing the respondent authorities to establish the Retail Outlet in terms of LOI. (c) That any other relief which this Court thinks fit in the interest of justice & equity. 2. Learned counsel for the petitioner submits that an advertisement was issued by the respondent for installation of retail outlet (Petrol Pump) at Village Dhurkot on Jangir-Champa, Kera Road, Tehsil Navagarh, District Janjgir (CG) for reserved category. In pursuance of the advertisement, the petitioner offered his candidature for the same which was accepted vide Annexure P-1 specifically mentioning the location of the site as village Dhurkot on Jangir Champa Kera Road, Tehsil Navagarh, District Janjgir (CG). Thereafter, letter of intent dated 01.01.2020 (Annexure P-2) was issued by the respondent confirming the selection of the petitioner in compliance of which, the petitioner deposited the requisite fee with the respondent vide Annexure P-3. Subsequently, NOC was also granted from the office of Collector (Food Branch) District Janjgir Champa issued to the respondent permitting it to establish the retail outlet (Petrol Pump) annexing a copy of the site map. When no proceedings were carried out by the respondent regarding installation of the retail outlet (Petrol Pump), the petitioner made several representations, some of them being Annexure P-5 and Annexure P-6. Since the respondent remained heedless to the requests of the petitioner, he filed a writ petition being WPC No.4281 of 2021 where this Court vide its order dated 27.10.2021 directed the respondent to decide the representations filed by the petitioner within 45 days therefrom. In compliance of the said order, the respondent vide its communication letter dated 01.12.2021 (Annexure P-9) dismissed the representation of the petitioner on the ground that the location of retail outlet (Petrol Pump) at village Dhurkot is not situated within the confines of Tehsil Navagarh rather it is within the Janjgir Tehsil and thus the requirement mentioned in the advertisement is not fulfilled. He further submits that after the letter of intent was issued, the petitioner made substantial development in the said land and spent huge amount of money. He further submits that after the letter of intent was issued, the petitioner made substantial development in the said land and spent huge amount of money. He submits that even if it is assumed that the said village is not situated in Tehsil Navagarh, but the facts remains that said location is very much situated within the territorial jurisdiction of District Janjgir-Champa within which Tehsil Navagarh also falls. He submits that there is one more village by name Dhurkot, but it is within some other District. He submits that in pursuance of the advertisement issued by the respondent, the petitioner offered his candidature very fervently and after selection, letter of intent was also issued in his favour. He submits that after undertaking such an arduous exercise and investing huge amount on the project, all of a sudden he cannot be branded as ineligible for allocation of retail outlet (Petrol Pump) on a flimsy and hypertechincal ground of the location for such installation being beyond the confines of Navagarh Tehsil. Therefore, he submits that document of Annexure P-9 not accepting the candidature of petitioner for installation of retail petrol outlet may be quashed and the respondent may be directed to proceed further in the light of letter of intent issued in favour of the petitioner. Lastly, relying upon a election certificate (Annexure P-13), counsel for the petitioner submits that the location for installation of retail petrol outlet sought for by him very much falls within the Navagarh area. 3. Per contra, Mr. Shukla, learned counsel for respondent vehemently opposes the submissions made by learned counsel for the petitioner and submits that in the advertisement, the location of retail petrol outlet was mentioned as village Dhurkot Tehsil Navagarh District Janjgir- Champa on Janjgir Champa Kera Road. However when it came to the notice of the respondent that village Dhurkot does not fall within the Tehsil of Navagarh, as was projected by the petitioner, his representation was rejected and the location of installation was also canceled. He submits that the letter of intent is merely an intimation and it does not create any substantial right in favour of the petitioner. In support of his arguments, he placed reliance upon the decision of this Court rendered in WPC No.4860 of 2021 dated 07.12.2021 and also a decision of the Allahabad High Court in the case of Shishir Patel Vs. Union of India and Ors. In support of his arguments, he placed reliance upon the decision of this Court rendered in WPC No.4860 of 2021 dated 07.12.2021 and also a decision of the Allahabad High Court in the case of Shishir Patel Vs. Union of India and Ors. reported in (2021) ILR 9AII833 equivalent to MANU/UP/1565/2021. Counsel for the respondent submits that since the petitioner did not fulfill the requisite eligibility criteria for getting the retail petrol outlet, this petition is liable to be dismissed and the rejection of his representation does not require any interference by this Court. 4. Heard learned counsel for the parties patiently and gone through the documents sought to be relied upon by the parties very minutely. 5. The whole controversy involved in this case is with regard to the installation of retail petrol outlet on the location offered by the petitioner in pursuance of an advertisement published by the respondent, but the said very advertisement has not been filed by either of the parties for the reasons best known to them. Annexure P-1 is the select list which indicates that the petitioner was selected for appointment of retail petrol outlet dealership in the State of Chhattisgarh by IOCL and the name of location was mentioned as village Dhurkot on Janjgir Champa Kera Road Tehsil Navagarh. Letter of intent was also issued in favour of the petitioner on 01.01.2020 (Annexure P-2) and the subject matter being very relevant for the decision making, is quoted hereinbelow:- “Sub:- Proposed MS/HSD a Site Kisan Kendra Dealership at Location: VILLAGE DHURKOT AT VILLAGE DHURKOT ON JANJGIR CHAMPA KERA ROAD, District JANJGIR State Chhattisgarh Category: SC” 6. It is not a case of the respondent that the petitioner has not complied with the terms and conditions of the letter of intent. Record also reflects that some application was filed by the respondent itself for grant of NOC from the office of Collector (Food Branch) Janjgir- Champa. Subsequently the Collector also granted the NOC with respect to installation of retail outlet (Petrol Pump) at Village Dhurkot Tehsil Nawagarh Khasra No.1825/19 P.H. No.21 District Janjgir- Champa. This NOC appears to have been granted on the request of respondent as it has been addressed from the office of Collector to the respondent only. Map is also appended along with this NOC. This NOC appears to have been granted on the request of respondent as it has been addressed from the office of Collector to the respondent only. Map is also appended along with this NOC. The record also reflects that the bills have been filed by the learned counsel for the petitioner to indicate that he has improved the land for the purpose of installation of retail outlet (Petrol Pump). Of course there is a certificate issued by the Tehsildar Annexure P-13 and Annexure R-1 which indicate that the village Dhurkot does not fall within the Tehsil of Nawagarh but the fact remains that in the letter of intent as well as in the selection letter, the village Dhurkot has categorically mentioned within the District Janjgir Champa. It has not been disputed by the respondent that the property upon which the petitioner has been selected for allocation of retail outlet (Petrol Pump) is in village Dhurkot and within the Janjgir Champa Kera Road. 7. A pointed query was made by this Court to learned counsel for the respondent as to whether the advertisement which was purportedly issued for the said purpose has been canceled or not. However, he is not able to answer this query and nothing is on record to suggest that the advertisement was canceled. The submission made by learned counsel for the respondent that the location has been canceled. The reliance which has been placed by Mr. Shukla appears to be misplaced and misconceived as in case of WPC No.4860 of 2021 it does not appear that any letter of intent was issued in favour of the petitioner in that case. So is the position in the case of Shishir Patel (Supra). Both the cases appear to be distinguishable on fact. Apart from this, it has to be seen that the petitioner was selected in the year 2020, letter of intent was issued on 01.01.2020 and thereafter no proceedings were carried out by the petitioner in regard to either cancellation of the location nor it was intimated to the petitioner. Had it been intimated to the petitioner in due course of time, he would have not spent the huge amount as claimed by the counsel for the petitioner, for development of the property for installation of retail outlet (Petrol Pump). Had it been intimated to the petitioner in due course of time, he would have not spent the huge amount as claimed by the counsel for the petitioner, for development of the property for installation of retail outlet (Petrol Pump). After the petitioner offered his candidature for installation of the retail petrol outlet, letter of intent was issued in his favour on 01.01.2020 and thereafter the NOC from the office of Collector was also issued in favour of the respondent on 14.12.2020 i.e. after about one year therefrom. Meaning thereby till 14.12.2020, the intention of respondent was clear for installation of petrol pump at the aforesaid site chosen by the petitioner. 8. If the correspondence made between the parties from the inception is looked into, the petitioner seems to have been fully eligible to get the retail petrol outlet installed at village Dhurkot falling within the Janjgir-Champa District, within which Tehsil Nawagarh also finds place. Likewise, the respondent also does not appear to have had any objection for acceding to the request of the petitioner and keeping in mind all this the petitioner spent a huge amount for preparing the field and erecting the infrastructure required for installation of retail petrol outlet. However, at the eleventh hour, the respondent chose to decline the request of the petitioner merely on the ground that the place so chosen by the petitioner does not fall within the confines of Nawagarh Tehsil. This ground taken by the petitioner is not correct because from the documents annexed by the petitioner it is crystal clear that village Dhurkot falls within the territorial jurisdiction of Janjgir-Champa District, of which Nawagarh is also one of the Tehsil headquaters. Thus right from the beginning the petitioner had been pursuing the matter with clean hands and all the information so disclosed by the petitioner was very much within the knowledge of the respondent. There is no dispute that it is the prerogative of the respondent to allocate the retail petrol outlet but it has to be subject to fulfillment of the yardsticks fixed by it. At the same time, this whole exercise has to be actuated by the requisite degree of all fairness and not be influenced by the whims and caprices. There is no dispute that it is the prerogative of the respondent to allocate the retail petrol outlet but it has to be subject to fulfillment of the yardsticks fixed by it. At the same time, this whole exercise has to be actuated by the requisite degree of all fairness and not be influenced by the whims and caprices. This is what appears to have happened in the case of the petitioner whose candidature has been consigned to the dustbin merely on a hyper-technical stand taken by the respondent that too at the last minute, that the said village does not come within Nawagarh Tehsil. Not only this, the respondent displayed such a dilatory attitude of denial only when there was an order from this Court in WPC No.4281 of 2021 directing the respondent to decide the representation of the petitioner within 45 days therefrom. Prior to that, the respondent showed absolute apathy even to decide the representation of the petitioner. 9. Such an approach of the respondent indeed does not fit in the judicial firmament for approving the hyper-technical approach of the respondent. Having traversed the entire documentation made by both the sides, this Court is of the opinion that rejection of candidature of petitioner by document of Annexure P-9 is liable to be and is hereby set aside. The respondent is directed to proceed further in light of the letter of intent dated 01.01.2020 (Annexure P-2) issued in favour of the petitioner for installation of the retail outlet (Petrol Pump) and ensure that the entire proceedings may be taken to a logical end within a further period of 120 days from the date of receipt of copy of this order. 10. Petition is thus allowed.