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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
NEERAJ TIWARI, VIVEK KUMAR SINGH
Ashish Kumar Agarwal – Appellant
Versus
Indian Oil Corporation Limited – Respondent
| Table of Content |
|---|
| 1. application details and grounds for rejection. (Para 2 , 3) |
| 2. respondent's arguments against the petitioner's application. (Para 4 , 5) |
| 3. court's consideration of application requirements under the brochure. (Para 6 , 7 , 8) |
| 4. review of legal provisions from the u.p. revenue code. (Para 9 , 10 , 11 , 12) |
| 5. clarification on the necessity of final decrees. (Para 13 , 14 , 15) |
| 6. similar rulings from previous cases and their relevance. (Para 16 , 17 , 18 , 19) |
| 7. final determination on requirements for joint ownership in land. (Para 20) |
| 8. court dismisses petition for lack of merit. (Para 21) |
JUDGMENT :
NEERAJ TIWARI, J.
1. Heard Shri Nitin Sharma, learned counsel for the petitioner and Shri Anand Tiwari, learned counsel for the respondents.
2. Present petition has been filed seeking following relief:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the Order dated 28.06.2024 (Annexure No. 1 of the writ petition), passed by respondent no 2 & Order dated 15.04.2024 (Annexure No. 2 of the writ petition) passed by Respondent No. 2, rejecting the candidature of the Petitioner for selection of dealership of retail outlet in pursuance of advertisement d
Eligibility for dealership depends on submitting all co-owners' lease deeds as per Brochure Clause; a preliminary decree is insufficient without a final decree.
Ownership of land requires all co-owners to execute a lease deed; consent letters cannot suffice for eligibility.
The court upheld the rejection of the petitioner's application for a retail outlet dealership due to failure to meet land suitability criteria as per the Brochure guidelines.
Compliance with the guidelines of Indian Oil Corporation for the selection of Kisan Sewa Kendra Dealer, specifically regarding the submission of consent of co-sharers for joint ownership of land, is ....
The requirement of a registered lease deed for land in dealership applications is mandatory to prevent disputes and protect investments, and failure to comply results in rejection of the application.
A valid lease for property must be executed by all co-owners, particularly when the property is under dispute and partition has not been completed.
The word “void” is used in the sense of incapable of ratification. A thing which is found non-est and not required to be set aside though, it is sometimes convenient to do so. There would be no need ....
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