Allahabad High Court
Balram Singh vs Union Of India And 3 Others on 24 May, 2022
Bench: Manoj Kumar Gupta, Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 21 Case :- WRIT - C No. - 1381 of 2022 Petitioner :- Balram Singh Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Gaurav Tripathi Counsel for Respondent :- A.S.G.I.,C.S.C.,Komal Mehrotra,Purnendu Kumar Singh Hon'ble Manoj Kumar Gupta,J.
Hon'ble Dinesh Pathak,J.
The instant petition has been filed praying for quashing of the order dated 6.8.2021, whereby the petitioner was informed by respondent no. 2 that the complaint of the petitioner in respect of allotment of a retail outlet of BPCL to respondent no. 4, is without any merits. The petitioner had alleged that the right of way as per norms, is not available, nor is it evident from the lease deed relating to the land over which retail outlet is proposed to be set up. The impugned communication simply mentions that the Land Evaluation Committee has found the land to be according to the norms prescribed and thus the application has no merits.
Counsel for the petitioner submitted that the impugned communication does not contain any reason for arriving at the conclusion that the subject land over which retail outlet is to be set up, has a right of way or fulfills the norms. It is contended that the private respondent had shown his land to be 900 sq. meters, without leaving right of way. He also urged that the petitioner has sought information from the Public Works Department, according to which, 18 meters from the centre of the road is prohibited zone for raising constructions and consequently, the land does not fulfill the norms.
Sri Komal Mehrotra, learned counsel appearing on behalf of respondent no. 2, is not in a position to dispute that the impugned communication does not contain any reason as to how the subject land is according to the prescribed norms. He submitted that leave be granted to respondent no. 2 to pass a fresh order on the complaint of the petitioner.
Having regard to the statement of Sri Komal Mehrotra, learned counsel for respondent no. 2, we hereby quash the impugned communication and direct respondent no. 2 to pass a fresh order within four weeks, after hearing all concerned. Needless to mention that the order which would be passed should contain reasons.
The petition stands disposed of accordingly.
(Dinesh Pathak, J.) (Manoj Kumar Gupta, J.) Order Date :- 24.5.2022 Jaideep/-