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2009 Supreme(All) 2649

[2009(7) ADJ 534 (DB)]
ALLAHABAD HIGH COURT
BEFORE : ASHOK BHUSHAN AND R.A. SINGH, JJ.
Smt. SUNITA GUPTA .....Petitioner
Versus
UNION OF INDIA AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 5199 of 2007, decided on 21st July, 2009)

Advocates:
Counsel :
P.N. Saxena, R.M. Saggi and Anil Sharma for the Petitioner; Vikas Budhwar and Addl. Solicitor General of India for the Respondents.

Headnote:(A) Dealership—Retail outlet dealership—Selection—Cancellation of—Petitioner selected by Selection Committee and her name placed on the top of list placed on notice board—Such selection was cancelled because no consent letter granted by the owner of the land—Selection Committee awarded 35 marks to the petitioner, in view of land and infrastructure facility as per policy and guidelines, but subsequently it noticed that petitioner was not the owner of the land proposed for the purpose and she failed to file consent letters of all the owners of the land in question—Hence, cancellation of selection for retail outlet dealership by respondent authority, not illegal. [Paras 9, 21, 22 and 23]

       (B) Retail outlet—Opening of—Grant of right for selection—Mere selection of petitioner and selection list being pasted on the notice board could not confer any right to a prospective candidate. [Para 11]

       

JUDGMENT

Hon’ble R.A. Singh, J.—This writ petition has been moved by Smt. Sunita Gupta for issuing a writ of certiorari with a prayer to quash the orders dated 27.7.2006 and 26.12.2006, Annexures 4 and 17 to the writ petition. The relief of writ of mandamus has also been sought to direct the respondents for issuing a letter of intent to the petitioner in pursuance of her selection dated 3.3.2006 for retail outlet dealership at Islam Nagar, Bisauli Marg, Dist. Badaun in between 0.1 Km. Mile stone and further to direct the respondents for issuing necessary supply of HSD and MSD for her retail outlet dealership.

2. The brief facts as stated in this writ petition are that Hindustan Petroleum Corporation Limited issued an advertisement in newspaper “Amar Ujala dated 20.7.2005” inviting applications for opening its retail outlet on the said location in the category of open-W (women) by 22.8.2005, and in pursuance of above advertisement the petitioner moved an application on proper format alongwith all relevant documents and demand draft of Rs. 1000/- for grant of retail outlet on 18.8.2005. Thereafter the team of Corporation visited the site of the petitioner and submitted its report in the office. The Corporation after being satisfied with the location of land, called the petitioner for an interview vide letter dated 10.2.2006 and the petitioner appeared for interview on 3.3.2006 at 9.30 a.m. at hotel Madhuban, Krishna Nagar District Mathura before selection committee constituted by the respondent and on the same day at 9 p.m. a list was declared on notice Board in which the name of the petitioner was shown to be selected and her name was placed on the top. The petitioner was waiting for letter of intent but all of sudden the petitioner received a registered letter dated 27.7.2006 issued by Deputy General Manager In-charge North Zone, on 7.8.2006, in which it was mentioned that the respondents decided to set aside the entire interview and selection for above location and called for conducting a fresh interview. The petitioner got 35 marks awarded for the land as indicated in the order dated 27.7.2006, but it was also mentioned therein that the selection committee wrongly awarded 35 marks to the petitioner whereas zero marks should have been awarded to the petitioner because no consent letter was granted by the owners of the land. The decision was taken in the review meeting held by the respondents as per policy and guidelines. No opportunity was afforded to the petitioner before cancellation of selection and thus the order passed by the committee was in violation of principles of natural justice and the same was liable to be quashed on this sole ground. In view of Clause 14 of the guidelines the land owned by the family members comprising of spouse and unmarried children was to be considered as the land of the applicant subject to the consent of the concerned family members. The said land was initially the ownership of Sri Fakirulla Khan and Shakruddin Nawina. Sri Shakruddin Nawina sold his share in the land to Ram Nandan Prasad, Mohan Lal and Harish Chandra and Fakirulla Khan sold his share to Subhash Chandra, Sanjeev Kumar and Rajesh Kumar. In view of family settlement taking place between Ram Nandan Prasad, Madan Lal and Harish Chandra, sons of Late Bhikhari Lal the names of Madan Lal and Sanjeev Kumar were entered in Khatauni as joint owners of the land, which was submitted. Thus the petitioner was the owner of the land which was proposed for purpose of opening retail outlet. The consent of the husband of the petitioner as well as Madan Lal was also given in favour of the petitioner. The petitioner also submitted certificates of search issued by Sub-Registrar Bisauli and Deputy Registrar Belsi, Badaun dated 6.8.2005 and 11.8.2005 respectively to this effect that initially this land was falling in Tehsil Bisauli and thereafter, it was transferred to Tehsil Belsi. The Tehsildar Belsi also issued a certificate showing the 1/6th shar



































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