Gyatri Devi Vs Union of India Thru. Secy. Ministry of Petroleum and Natural Gas New Delhi and 2 Others — Allahabad HC (2024) — LawSathi Research

Gyatri Devi Vs Union of India Thru. Secy. Ministry of Petroleum and Natural Gas New Delhi and 2 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner directed to file a representation within one week addressed to respondent no. 3; respondent no. 3 to consider such representation and pass an appropriate reasoned and speaking order thereon within a further period of three weeks, strictly in accordance with law.

Issue for consideration

Whether the impugned order dated 23.07.24 passed by the Territory Manager (Retail), Bharat Petroleum Corporation Ltd., Gonda (opposite party no. 3), cancelling the petitioner's candidature for allotment of a retail outlet under the advertisement dated 28.06.2023 (scheduled caste category, Village Tal Baghauda, Tahsil Bhinga, District Shrawasti) is arbitrary and liable to be quashed by certiorari. +1 more

Ratio / Principle

The writ petition is disposed of with a direction to the petitioner to file a representation within one week from today addressed to respondent no. 3; respondent no. 3 shall consider such representation and pass an appropriate reasoned and speaking order thereon within a further period of three weeks, strictly in accordance with law.

Key takeaways

From perusal of Annexure No. 1 to the writ petition, the Court found that the petitioner's candidature had been provisionally cancelled and an opportunity had been given to her to represent latest by 02.08.2024, and that the petitioner had not represented till date to the respondents against the order/letter dated 23.07.2024.ratio¶10

Detailed headnote1 paragraphs

Neutral Citation 2024:AHC-LKO:55769-DB — High Court of Judicature at Allahabad, Lucknow Bench (Court No. 3), WRIT - C No. 6947 of 2024, Gyatri Devi v. Union of India & 2 others, decided 13.8.2024 (Coram: Hon'ble Mrs. Sangeeta Chandra, J. and Hon'ble Shree Prakash Singh, J.). The petitioner, by certiorari, challenged the order dated 23.07.24 of the Territory Manager (Retail), Bharat Petroleum Corporation Ltd., Janki Nagar, Bahraich Road, Gonda, U.P. (opposite party no. 3), cancelling her candidature for allotment of a retail outlet under BPCL's advertisement dated 28.06.2023 for the scheduled caste category at Village Tal Baghauda, Tahsil Bhinga, District Shrawasti, U.P., and sought mandamus for consideration of her candidature on the basis of documents uploaded by her. The Court observed from Annexure No. 1 that the candidature had been provisionally cancelled with liberty to represent latest by 02.08.2024, and that the petitioner had not represented against the order/letter dated 23.07.2024. Disposing of the writ petition, the Court directed the petitioner to file a representation within one week addressed to respondent no. 3, and directed respondent no. 3 to consider it and pass an appropriate reasoned and speaking order thereon within a further period of three weeks, strictly in accordance with law.

Neutral Citation No. - 2024:AHC-LKO:55769-DB

Court No. - 3

Case :- WRIT - C No. - 6947 of 2024

Petitioner :- Gyatri Devi Respondent :- Union Of India Thru. Secy. Ministry Of Petroleum And Natural Gas New Delhi And 2 Others Counsel for Petitioner :- Sharvan Kumar Pandey Counsel for Respondent :- A.S.G.I.,S M Singh Royekwar

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the petitioner and Sri S.M.Singh Royekwar, learned counsel, who appears on behalf of respondent nos. 2 & 3 i.e. Bharat Petroleum Corporation Ltd..

This writ petition has been filed with the following main prayers :-

I. Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 23.07.24 passed by the territory Manager (Retail) Bharat Petroleum Corporation Ltd Janki Nagar Bahraich Road Gonda, U.P. i.e. opposite party no. 3 as contains Annex No. 1 by means of which he was cancelled the candidature of petitioner for allotment of retail outlet in Bharat Petroleum Corporation Ltd. Advertisement published on 28.06.2023 for, for scheduled caste category at Village - Tal Baghauda, TahsilBhinga District- Shrawasti Uttar Pradesh in most arbitrary manner.

II. Issue, a writ order or direction in the nature of Mandamus commanding the opposite parties to consider the candidature of petitioner in allotment of retail outlet in Bharat Petroleum Corporation Ltd. Advertisement published on 28.06.2023 for, for scheduled caste category at Village Tal Baghauda Tahsil-Bhinga, District- Shrawasti., on the basis of documer uploaded by petitioner.

From perusal of Annexure No.1 to the writ petition, it is apparent that the petitioner's candidature has been provisionally cancelled and an opportunity has been given to the petitioner to represent latest by 02-08-2024. The petitioner has not represented till date to the respondents against the order/letter dated 23-07-2024.

This writ petition is disposed of with a direction to the petitioner to file a representation within one

week from today addressed to the respondent no.3. Respondent no. 3 shall consider such representation and pass an appropriate reasoned and speaking order thereon, within further period of three weeks thereafter, strictly in accordance with law.

Order Date :- 13.8.2024 AKS

Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench