Court No. - 1
Case :- WRIT - C No. - 42475 of 2019 Petitioner :- Manish Yadav Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Nisheeth Yadav,C.B. Yadav (Sr. Adv) Counsel for Respondent :- A.S.G.I.,Vikas Budhwar
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri C.B. Yadav, learned Senior Advocate assisted by Sri Anand Kumar Yadav, learned counsel for the petitioner and Sri Vikas Budhwar, learned Advocate appearing on behalf of the respondent-corporation.
By means of this petition under article 226 of the constitution, the petitioner has assailed the order dated 7th of October, 2019 whereby the candidature of the petitioner has come to be rejected on the ground that the land of the petitioner does not fall on the location advertized for the purposes of allotment of retail outlet dealership of the petroleum product.
The petitioner contends that before passing the order dated 7.10.2019, the petitioner had not been offered any opportunity of hearing, otherwise he would have demonstrated that the land which is required as per the location under advertisement was the same land as offered by the petitioner.
Per contra, the argument advanced by learned for the respondent corporation is that the location that was advertized for the purposes of allotment of retail outlet dealership, is of village Ekal Muslauniya Rodrapur-Ekal Mishroulia road Block Rudrapur, District Deoria whereas the land offered is of Revenue village Satuabhar.
However, he does not dispute that even before the draw of lots, the application of the petitioner did carry the identification of the land with respect to the area in which it falls. He further, submits that the petitioner has the opportunity to contest the matter by moving an appropriate compliant as per clause-18 of the brochure by depositing the requisite fee.
As we find that the petitioner had made an application giving details of the land falling in village advertised location and it is after verification of the said application that the draw of lots was carried out in which the petitioner was selected, we hereby provide that the petitioner, if so desire, may move appropriate application/complaint as per clause-18 of the brochure along with a draft of Rs. 5,000/- within a period of four weeks from today, in such an event, his complaint shall be examined on facts and shall be disposed of by passing reasoned and speaking order before finalizing the allotment in respect of the location advertized.
With the aforesaid observations, the writ petition stands disposed of. (Ajit Kumar, J.) (Ramesh Sinha, J.) Order Date :- 19.12.2019 Shiraz