Orissa High Court

WP(C)/12711/2020 of JAYARAM PUJAHARI Vs GENERAL MANAGER,INDIAN OIL CORPORATION LTD. on 2 September 2026

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of 4 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.12711 of 2020 CNR No. ODHC010283402020 Jayaram Pujahari …. Petitioner Mr. M.K. Mohanty, Advocate -versus- General Manager, Indian Oil Corporation Ltd, Bhubaneswar and others …. Opposite Parties Mr. P.K. Rath, Sr. Advocate ( For

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.12711 of 2020

CNR No. ODHC010283402020

Jayaram Pujahari

….

Petitioner

Mr. M.K. Mohanty, Advocate

-versus-

General Manager, Indian

Oil Corporation Ltd,

Bhubaneswar and others

…. Opposite Parties

Mr. P.K. Rath, Sr. Advocate

( For OP Nos.1 & 2)

Mr. T.K. Mishra, Advocate

(For OP No.5)

CORAM: JUSTICE SANJAY KUMAR MISHRA

Order No.

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ORDER

02.09.2026

09. This matter is taken up through hybrid mode.

2. Heard learned Counsel for the Parties.

3. The present writ petition has been preferred with the following prayers: “The petitioner most respectfully prays that the Hon'ble Court may be graciously pleased to allow the Writ Petition, issue a writ or direction in the nature of certiorari or any other appropriate writ or direction quashing the selection of Opp. Party No. 4 as Retail Outlet Dealer for Indian Oil Corporation at the site from Ullunda to Subarnapur Mahanadi Bridge on SH-15, Sonepur at Sl. No. 223 of the adverisement and the order dated 2.3.2020 and 5.3.2020 of the Indian Oil Corporation Ltd under annexure 8 and 9 and pass any order/orders if this Hon'ble Court may deem fit and proper for the interest of justice.”(sic)

4. Though the pleadings are complete and the matter has been listed today under the heading ‘For Admission’ for hearing and final disposal, Mr. Rath, learned Senior Counsel, hands up a photocopy of letter dated 23.06.2026 of the Opposite Party No.4, addressed to the Divisional Retail Sales Head, Indian Oil Corporation Limited, Sambalpur Divisional Office, and submits that in view of such communication made by the private Opposite Party No.4, the prayer made in the present writ petition has become infructuous.

5. The contents of the said letter of Opposite Party No.4, being relevant, are extracted below: “To:

Date: 23.06.2026 The Divisional Retail Sales Head Indian Oil Corporation Limited Sambalpur Divisional Office Subject Withdrawal of LOI for the location From Ullanda to Subarnapur Mahanadi Bridge on SH- 15m Dist- Sonepur. Dear Sir, I, Sri Lingraj Parida, S/o Bhagabana Parida residing at Adarsh Marg, Ainthapali, Sambalpur, Odisha, PIN-768004 do hereby unconditionally surrender the LOI issued tom me and declares as follows:

1. That an Letter Intent (LOI) bearing Ref. No. M/2019/In006069/OR./000270/2202/00158 dated 20.03.2020 has been issued in my favour by M/s Indian Oil Corporation Limited in respect of proposed Retail Outlet dealership at location Ullanda to Subarnapur Mahanadi Bridge on SH- 15, Dist-Sonepur under Open category of

Dealership.

2. That vide the said LOI, I have been awarded dealership of B site Retail Outlet of Indian Oil Corporation Limited.

3. That because of unavoidable circumstances, I will not be able to operate the said dealership and as such I am no more interested in the said dealership.

4. Also, the offered land is already sold to other person.

5. That, under the circumstances stated above, I hereby unconditionally surrender the above mentioned LOI and tender my resignation to Indian Oil Corporation Ltd.

6. That I fully understand that once this resignation is accepted by Indian Oil Corporation, the said LOI will be cancelled irrevocably and I shall have no claim or right for retail outlet dealership.

7. That the above mentioned facts and declarations are true to the best of my knowledge and belief.

8. I am submitting this letter willingly and without any force or coercion from anybody. Thanking you.

Yours Truly

Sri Lingraj Parida” (Emphasis supplied)

6. Mr. Rath, learned Senior Counsel, further submits, after surrender of the LOI by the LOI holder, namely, Lingaraj Parida, as per the instructions received from the Indian Oil Corporation Limited (IOCL) through e-mail, upon withdrawal of the LOI by Opposite Party No.4, in terms of the guidelines of IOCL, a draw of lots would be conducted amongst the remaining eight Group-I applicants. The said e-mail dated 02.09.2026, addressed to the learned Senior Counsel as well as the learned Counsel appearing for Opposite Party-IOCL, being produced before this Court, is taken on record.

7. Learned Senior Counsel submits that, the present Petitioner is also one of the remaining eight Group-I applicants and, therefore, would be entitled to participate in the proposed draw of lots, which would be subject to his eligibility and compliance with the applicable guidelines of IOCL.

8. In view of the aforesaid submissions, Mr. Rath, learned Senior Counsel, so also documents produced before this Court, the writ petition stands disposed of as infructuous, permitting the Indian Oil Corporation Limited to proceed further in the matter, in accordance with its guidelines, as indicated vide the e-mail dated 02.09.2026.

9. Interim order dated 03.06.2020 passed in I.A. No.5827 of 2020 stands vacated.

10. Urgent certified copy of this order be granted on proper application as per rules.

Anisha

(S.K. MISHRA) JUDGE

Digitally Signed Signed by: ANISHA NANDA Designation: Jr. Stenographer Reason: Authentication Location: OHC, Cuttack Date: 03-Sep-2026 12:39:03 Signature Not Verified

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