Court No. - 40
Case :- WRIT - C No. - 9054 of 2021 Petitioner :- Ram Kumar Gupta Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Agnivesh,Jadu Nandan Yadav Counsel for Respondent :- C.S.C.,Vikram D. Chauhan
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner; Sri Vikram D. Chauhan for the respondents 2 and 3; the learned Standing Counsel for respondent no.4; and perused the record.
The petitioner had set up a claim for a retail outlet of Indian Oil Corporation at Sidhpura, Tehsil and district Mainpuri. After the draw of lots, the petitioner was selected for the retail outlet but, subsequently, the Land Evaluation Committee rejected the offered land as being not suitable for the retail outlet. The petitioner, thereafter, offered another piece of land, which was not accepted by the impugned order dated 19th November, 2020.
The case of the petitioner is that the reason recorded in the impugned order that the offered land falls in Tehsil Kurawali, district Mainpuri whereas the advertised location is Sidhpura, Tehsil Mainpuri is not correct because village Sidhpura is now in Tehsil Kurawali, district Mainpuri.
Sri Vikram D. Chauhan, learned counsel for the respondents 2 and 3, made a statement that since in the advertisement an incorrect location of the retail outlet i.e. village Sidhpura, Tehsil and district Mainpuri was disclosed when, otherwise, village Sidhpura falls in Tehsil Kurawali, a conscious decision has been taken, now, by the Indian Oil Corporation to withdraw the advertisement in respect of that site.
The learned counsel for the petitioner submitted that such withdrawal would be arbitrary as rights have accrued.
The aforesaid contention is not acceptable because by giving a wrong description of the proposed site many willing applicants out of confusion may not have applied. Thus, under the circumstances, decision to withdraw the advertised location cannot be termed arbitrary more so, when final settlement of rights take place only after approval of the offered land.
We, therefore, decline to entertain this petition by leaving it open to the petitioner to apply afresh as and when the site is put on offer.
Subject to above, the petition is dismissed. Order Date :- 24.8.2021.
Rks.