Geeta Devi vs Union Of India And 2 Others
2019 Latest Caselaw 4805 ALL

Citation : 2019 Latest Caselaw 4805 ALL
Judgement Date : 21 May, 2019

Allahabad High Court

Geeta Devi vs Union Of India And 2 Others on 21 May, 2019

Bench: Pankaj Mithal, Prakash Padia




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- WRIT - C No. - 17287 of 2019
 

 
Petitioner :- Geeta Devi
 
Respondent :- Union Of India And 2 Others
 
Counsel for Petitioner :- Praveen Kumar,Pradeep Kumar Pandey
 
Counsel for Respondent :- A.S.G.I.,Vikas Budhwar
 

 
Hon'ble Pankaj Mithal,J.

Hon'ble Prakash Padia,J.

Supplementary affidavit filed today is taken on record.

Heard Sri Pradeep Kumar, learned Senior Counsel, assisted by Sri Praveen Kumar, learned counsel for the petitioner, Sri Vikas Budhwar, learned counsel for the Bharat Petroleum Corporation Ltd. and Sri Yogendra Kumar, who has put in appearance on behalf of Union of India.

The petitioner was selected for retail outlet dealership between Soraon to Ramphal Innari on NH-330, Prayagraj-Pratapgarh Road, Prayagraj (Allahabad) in the S.C. category. However by the impugned order dated 30.3.2019 his selection has been cancelled for the reason that the area of the plot mentioned in the original application differs from that mentioned in the registered lease deed.

The argument of Sri Pradeep Kumar, learned Senior Counsel is that there was some mistake in mentioning the area of the land in the registered lease deed but the same has been rectified by executing a registered "titima" (corrigendum) deed and now the area mentioned in the lease deed as well as in the original application is one and the same.

Sri Vikas Budhwar, learned counsel on the other hand submits that as on account of discrepancy in the area, the corporation has full rights to cancel the selection in as much as the titima is a subsequent document and would not relate back to the original lease deed.

Issue notice to respondent no.3.

Sri Vikas Budhwar may seek instructions and file counter affidavit within a month as prima facie once a titima is executed it rectifies the mistake which has appeared in the original document.

List after a month for admission/final disposal.

Until further orders of this Court, the respondent no.2 shall not issue any letter of intent in favour of any other person for the location in question.

Order Date :- 21.5.2019

Pramod Tripathi