IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.675 of 2010 VINAY KUMAR PRASAD, son of Late Jagarnath Prasad, resident of Mohalla- Station Road (East), Ward No. 2, at & P.O and District- Samastipur. ….Petitioner- Appellant. Versus 1. INDIAN OIL CORPORATION LIMITED, through its Chief Managing Director, Indian Oil Bhawan, 2, Gariahat Road (South) Kolkata, Pin Code- 70068. 2. The Divisional Retail Sales Manager, Indian Oil Corporation Ltd., Marketing Division, Patna Division Office, 34, Moryalok Complex, Dakbunglow Road, Patna, Pin Code- 800001. 3. The Senior Divisional Retail Sales Manager, Indian Oil Corporation Ltd., Begusarai Divisional Office, B-70, Barauni Refinery Barauni Refinary Township, District-Begusarai, Pin Code- 851117. …..Respondents-Respondents. ----------- For the Appellant: Mr. Upendra Prasad with Ms. Veena Kumari Jaiswal, Advocates. For the Respondents: Mr. K.D. Chatterji, Sr. Advocate with Mr. Amlesh Kumar Verma and Mr. Anil Kumar Sinha, Advocates. ------------- 02- 7.4.2011 The appellant has filed the instant appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna against the order dated 8.3.2010, passed by a learned Single Judge of this Court in C.W.J.C. No.12959 of 2007, whereby the writ application filed by the appellant was dismissed. 2. The relevant facts for disposal of this appeal in short are as follows. The appellant was granted a letter of intent on 25.10.2004 to set up a retail outlet under the Open category for the marketing plan 1987-88. The letter of intent was offered amongst others with a condition that the appellant would arrange 2 for land and would execute the lease-deed or transfer deed in favour of the Corporation within two months. The appellant admittedly did not execute any lease-deed of land in favour of the Corporation. The appellant requested for further extension of time which was granted. In spite of extension of time the appellant did not transfer the required land in favour of the Corporation. Consequently the letter of intent granted in favour of the appellant was withdrawn by communication dated 9.8.2007. The communication withdrawing the letter of intent has been challenged in the writ application. 3. The learned Single Judge observed that the appellant was not able to arrange the required land for transfer of the same by way of lease-deed in favour of the Corporation as stipulated in the letter of intent. Placing reliance upon the decision of the Apex Court in the case of Rajasthan Cooperative Dairy Federation Ltd. vs. Maha Laxmi Mingrate Marketing Service Pvt. Ltd. and others, (1996)10 SCC, 405 the learned Judge observed that the letter of intent does not create right in favour of the allottee and even doctrine of Audi Alteram Partem would not be attracted if letter of intent is withdrawn pursuant to non-fulfillment of conditions thereof. The learned Single Judge further observed that on failure of the appellant to transfer the land, fresh selection has been made and 3 third party interest has been created. Counsel for the appellant submits that in fact the appellant had arranged for two lands for transfer in favour of the Corporation but it was the latter which did not make the selection. According to the Appellant, the Corporation itself was at fault for the non-transfer of land in its favour. 4. We find from a perusal of the record that the appellant did not transfer the land within the time schedule provided in the letter of intent. At the request of the appellant the time-frame of two months for transferring the land in favour of the Corporation was extended. In spite of such indulgence, the appellant was not able to transfer the land in favour of the Corporation. As such the Corporation rightly withdrew the letter of intent granted in favour of the appellant. It further appears that a fresh selection has been made and third party interest has also been created which has become functional. 5. Thus we do not find any infirmity in the order of the learned Single Judge. This appeal is accordingly dismissed. (S K Katriar, J.) (S.P. Singh, J.) S.K.Pathak/