Disposed

Sunil Kumar Tyagi v. Union of India and 5 Others

Allahabad HC9 Feb 2021WRIC/1901/2021

Case brief

AI extract

What is this about?

A writ petition challenging orders regarding allotment of M.S./H.S.D. Retail Outlet Dealership. The court disposed of the petition on parties' consent, directing the authority to issue an NOC within a month and specify verification procedures for the court order.

What did the court decide?

Directed the competent authority to pass appropriate order relating to issuance of NOC within a month, disregarding impugned orders; specified verification process for the court order.

Sunil Kumar Tyagi Vs Union of India and 5 Others — Service and Employment | Allahabad HC (2021)

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Court No. - 21

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Case :- WRIT - C No. - 1901 of 2021

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Petitioner :- Sunil Kumar Tyagi Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Satyaveer Singh Counsel for Respondent :- A.S.G.I.,C.S.C.,Vikas Budhwar

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.

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Heard Sri Satyaveer Singh, learned counsel for the petitioner; learned Standing Counsel for the State-respondents and Sri Vikas Budhwar, learned counsel for respondent no.2 and 3.

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The present writ petition has been preferred assailing the order impugned dated 03.09.2020 (Annexure No.4) bearing letter no.1255/A-1 issued by respondent no.6. Further prayer has been made to command the respondent no.4 to take decision on the application/representation dated 05.11.2020 and 04.12.2020 moved by the petitioner and complete the process for allotment of M.S./H.S.D. Retail Outlet Dealership at location Village Pawai on Banda-Oran Road- District Banda, Rural-SC-CFS, Plan 2018 in pursuance of advertisement dated 25.11.2018 in favour of petitioner within a reasonable time.

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At the very outset, learned counsel for the parties have placed the order dated 6.1.2021 passed by coordinate Bench of this Court in Writ C No. 21300 of 2020 and asked for similar indulgence.

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The sole issue which has cropped up in this petition as to whether the petitioner who holds a letter of intent issued by oil corporation for installation of petrol pump would fall under the previous guidelines or guidelines dated 4.12.2019.

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Sri Vikas Budhwar, learned counsel for the respondent on the strength of guidelines dated 24.12.2020 supports the case of the petitioner and submits in the present matter, the claim is to be considered as per previous guidelines. He has also placed reliance upon certain 1-2 clarification given by Department. The relevant is extracted below.

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" उचचसतररयतकनरककसमममतककबबठकमदनननक 18.3.2020 (छनयनपरमतसनलग) ममललएगएउपररक वमररतमनररयकककमममसपषमकयनजनतनहबककलजनमनमललममआयलकनपनरदनरनमनगरतमवजनपनकक मतलथशनसननदकशमदनननक 04.12.2019 ककपपवरककहर, उनसमसतपकररलकनमनसतनररपपवरशनशननदकशलमम मनरन र रतवयवसथनओनककअननसनरककतरयमनखयनअमभयनतनओनदनरनकरनयनजनयकगन"

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In the facts and circumstances, no useful purpose would be served by keeping this petition pending and with the consent of the parties, the writ petition is disposed of with a direction that if the petitioner approach the competent authority along with a copy of this order, the said authority shall pass appropriate order relating to issuance of 'NOC', in accordance with law, as expeditiously as possible and preferably within a month from the date of receipt of this order ignoring the orders impugned.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person

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(preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

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The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 9.2.2021 A. Pandey

Sunil Kumar Tyagi v. Union of India and 5 Others

Case brief

What is this about?

What did the court decide?

Sunil Kumar Tyagi v. Union of India and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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