This writ petition challenged a non-speaking order dated 24.03.2020 refusing RO Dealership sponsorship. The court held such unreasoned orders unsustainable and set them aside, remanding the matter to pass a reasoned order.
Impugned order set aside; matter remanded to respondent no. 2 to pass a fresh speaking and reasoned order.
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Court No. - 32
Case :- WRIT - C No. - 12769 of 2020
Petitioner :- Jeet Ram Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Rajesh Pachauri, Awadhesh Kumar Malviya Counsel for Respondent :- A.S.G.I., Vikas Budhwar
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
This writ petition has been filed, interalia, for the following reliefs:
"(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 24.03.2020 passed by the respondent no. 2 (Annexure No. 9 to the writ petition).
(b) Issue a writ, order or direction in the nature of mandamus directing the respondents to consider the case of the petitioner for award of RO Dealership at Village-Kamar on Kosi Kaman Road, District Mathura in favour of the petitioner within stipulated period."
Heard Shri A.K. Malviya, learned counsel for the petitioner, Shri Vikas Budhwar, learned counsel for the respondent-Bharat Petroleum Corporation and perused the material available on record.
Learned counsel for the petitioner has stated that the impugned order dated 24.03.2020 passed by the respondent no. 2 is non speaking order and no reason whatsoever has been assigned by the said authority.
Shri Vikas Budhwar, learned counsel appearing on behalf of the respondents-Bharat Petroleum Corporation has fairly conceded the argument
advanced by the learned counsel for the petitioner.
Since the impugned order is wholly unreasoned and non-speaking, the same can not be sustained.
The order dated 24.03.2020 passed by the respondent no. 2 is set aside and the matter is remanded to the respondent no. 2 to pass a fresh speaking and reasoned order in accordance with law.
With the aforesaid observation, this writ petition is finally disposed of.
Order Date :- 10.9.2020 Arun
2 issues framed by the court
Whether a non-speaking order refusing sponsorship for RO Dealership can be sustained.
Whether the impugned order should be set aside and remanded for passing a speaking order.
Jeet Ram
Union Of India
Bharat Petroleum Corporation
3 Others
Shashi Kant Gupta
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
