Court No. - 1
Case :- WRIT - C No. - 42393 of 2019 Petitioner :- Prafull Kumar Mishra Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Arvind Kumar Trivedi,Manoj Dubey Counsel for Respondent :- A.S.G.I.,Vikas Budhwar Hon'ble Ramesh Sinha,J.
Hon'ble Ajit Kumar,J.
Sri Yogendra Kumar, learned Advocate, has filed memo of appearance on behalf of respondent no.1-Union of India today in Court, which is taken on record.
Heard Sri Arvind Kumar Trivedi, learned counsel for the petitioner, Sri Vikas Budhwar, learned counsel appearing for the respondent Corporation, Sri Yogendra Kumar, learned counsel appearing for the respondent no.1 and perused the record.
By means of this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 27.9.2019 passed by respondent no.2 whereby the petitioner's candidature for the allotment of the retail outlet dealership of petroleum products has come to be rejected on the ground that the Khasra No.135 situate at Village Garhwa Kala, Pargana Arel, Tehsil Karchhana, District Prayagraj (Allahabad), which has been offered by the petitioner as a land suitable as per the norms of the location advertised, the similar plot number has come to be offered by respondent no.3.
Learned counsel for the petitioner has argued that there is no village Barhawa Kala in respect of which the plot has been offered by the respondent no.3.
Per contra, the argument advanced by the learned counsel appearing for the respondent Corporation is that the lessor of the two lease deeds is the same and plot number is the same and, therefore, if the landlord has executed two lease deeds in respect of the same plot number in the area, both lease deeds stand void and there is no reason to consider the candidature of the petitioner.
We made a pointed query to the counsel for the petitioner as to the correctness of the arguments of learned counsel for the respondents, but he could not give any satisfactory reply nor, could dispute the factum of execution of two lease deeds with same plot numbers by the same lessor.
We find force in the argument advanced by learned counsel for the respondents. The writ petition fails and is accordingly, dismissed.
(Ajit Kumar,J.) (Ramesh Sinha,J.)
Order Date :- 19.12.2019/NS