The Allahabad High Court has directed the respondent to take a fresh decision within three weeks after hearing the parties on the order cancelling the allotment of petrol pump to the petitioner on Seohara Moradabad State Highway.
The Bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji passed this order while hearing a petition filed by one Sher Singh.
The writ petition has been filed praying for the following reliefs:-
“(I) Issue a writ, order or direction in the nature of certiorari quashing the order dated 2.11.2022 passed by the respondent no1 by which the petitioner’s selection allotment of retail petrol pump dealership on plot no 274 situated in between KM stone 45 and 43 on Seohara to Moradabad Road has been cancelled under group 1 category and has been wrongly placed under Group 3.(Annexure no.1) to the writ petition.
(II) Issue writ, order or direction in the nature of certiorari quashing the order passed by the respondent no.1 by which the respondent no 4 has been declared as selected for allotment of retail petrol pump dealership in between KM stone 45 and 43 on Seohara to Moradabad Road.
(III) Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to allot the retail petrol pump dealership in favour of the petitioner on the petitioner’s land.”
By the order dated 2.11.2022, the candidature of the petitioner for retail outlet proposed to be established at Khasra Plot has been rejected by the Chief Regional Manager, Hindustan Petroleum Corporation Limited (respondent no 1) by invoking clause 4 (v)(1)(iv) of Brochure for Selection of Dealers for Regular & Rural Retail Outlets, 2018.
The Court noted that the reasons recorded in the impugned order for rejecting the candidature of the petitioner were as under:
“However in your case, the Government land of Khasra, whatever thin strip it may be; exists between the land offered by you in Khasra and the road. The land is still recorded in Khatauni as ‘Banjar’ and has not been transferred/mutated in favour of PWD.
“Thus, it is evident on record that Khasra Plot adjoining the offered plot is part of the State Highway, Seohara-Moradabad. Thus, the plot offered by the petitioner for establishing retail outlets satisfies the aforequoted clause 4(v)(1)(iv) of Brochure for Selection of Dealers for Regular & Rural Retail Outlets, 2018.
“Under the circumstances, we remit back the matter to the respondent no 1 to pass an order afresh in accordance with law after affording reasonable opportunity of hearing to the petitioner and all other concerned person, expeditiously preferably within three weeks from the date of submission of a certified copy of this order.
“The impugned order and any previous order rejecting candidature of the petitioner shall abide by the order to be passed by respondent no 1 as aforesaid,” the order read.
With the aforesaid directions, the Court disposed of the petition.