Hon'ble Manish Mathur,J.
Notice on behalf of opposite parties no. 1 and 2 has been accepted by Mr. M.E. Khan, Advocate.
With the consent of parties' counsel and without calling for the counter affidavit, we have proceeded to decide the writ petition.
Heard learned counsel for the parties.
The writ petition has been filing seeking following reliefs:
"a) Issue a writ order or direction in the nature of certiorari thereby setting aside the order dated 15.02.2020 passed by Territory Head (contained in Annexure No. 1 to this writ petition).
b) Issue a writ order or direction in the nature of mandamus directing the respondents to issue the LOI in respect of retail outlet dealership between Km Stone No. 166 to 170 on RHS on NH731 (Lucknow Varanasi Road District Sultanpur under open category advertised on 25-Nov-2018 in favour of the petitioner.
c) Issue any such other suitable order or direction which this Hon'ble Court may deem, fit, just and proper under the facts and circumstances of the case in favour of the petitioner.
d) Allow the writ petition of the petitioner with cost."
Learned counsel for petitioner submits that the petitioner had submitted his application for allotment of retail outlet dealership between Km Stone 166 to 170 on RHS NH731 (Lucknow Varanasi Road, District Sultanpur) under open category. The petitioner had given the details of the land at Plot/Gata No. 633, 634K, 635, 636 situated at Village Kothra Kala, Pargana Chanda, Tehsil Lambhua, District Sultanpur. The land evaluation committee after making spot inspection of the plot in question has rejected the land of the petitioner on the ground that it does not fulfill the requirements.
Learned counsel for petitioner further submits that, in fact, the proper measurement from the mid of the road has not been made by the authorities and it has been wrongly held that the plot in question does not have the required depth. It is submitted that the National Highways Authority of India through its Project Manager vide letter dated 8.10.2020 has informed the husband of petitioner that the ROW of NH731 between Km 166 to 170 consists of 10 to 12 meters. In this view of the matter, the decision of the authorities rejecting the land of the petitioner is wrong.
Mr. M.E. Khan, learned counsel for opposite parties no. 1 and 2 submits that the letter of NHAI dated 8.10.2020 was not before the authorities when the measurement of the plot of the petitioner was made.
At this stage, learned counsel for petitioner informs that this letter of NHAI has already been provided to the authorities.
Be that as it may, it is for the authorities to consider as to whether the plot of the petitioner has the required measurements in the light of the letter dated 8.10.2020 issued by the NHAI.
The writ petition as such is disposed of with observation that the authorities concerned may reconsider the measurement of the petitioner taking into consideration the letter dated 8.10.2020 issued by the NHAI, in case no final decision with regard to allotment of retail outlet dealership has been taken.
[Manish Mathur, J.] [Ritu Raj Awasthi, J.] Order Date :- 2.2.2021 Santosh/-