Disposed

Priti Verma v. Union of India and 2 Others

Allahabad HC8 Jul 2024WRIC/19140/2024

Case brief

AI extract

What is this about?

This order on a writ petition challenges the cancellation of the petitioner's provisional selection for a retail outlet allotment due to measurement errors. The court allowed an amendment application and disposed of the petition by directing the respondent to issue a final show cause notice, permitting the petitioner two weeks to submit a reply with an affidavit and documents for land measurement

What did the court decide?

The writ petition was disposed of. The petitioner was directed to file a reply with an affidavit and documents within two weeks for field verification. The respondent was directed to make a fresh deci

Priti Verma vs Union of India and 2… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:162574-DB

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Court No. - 39

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Case :- WRIT - C No. - 19140 of 2024

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Petitioner :- Priti Verma Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Chandra Bhan Gupta,Karunesh Pratap Singh Counsel for Respondent :- A.S.G.I.,Rajesh Kumar Vidyarthi,Rituraj Singh

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Hon'ble Saumitra Dayal Singh,J. Hon'ble Donadi Ramesh,J.

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Order on Amendment Application.

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Application is allowed.

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Amendments are deemed to have been incorporated.

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Order on writ petition.

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Heard Shri Chandra Bhan Gupta, learned counsel for the petitioner, Shri Rituraj Singh, learned counsel for the Indian Oil Corporation Limited, Shri Rajesh Kumar Vidyarthi, learned counsel for the Union of India and Dr. D.K. Tiwari, learned Additional Chief Standing Counsel for the State.

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On oral prayer, learned counsel for the petitioner is permitted to implead "District Magistrate, Basti" as party respondent no. 4, during the course of the day.

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Notice of the petition has been served on Dr. D.K. Tiwari, learned Additional Chief Standing Counsel for the State.

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Challenge has been raised to the order dated 28.12.2023, whereby the petitioner's provisional selection for allotment of

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retail outlet at Village Betauha, Walterganj-Gaur Road, Tehsil-Bhanpur, District Basti under OBC category, has been cancelled.

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Submission of learned counsel for the petitioner is, cancellation is based on wrong appraisal of facts. The land of the petitioner is sufficient to establish the retail outlet. There are errors in the measurement made by the Oil Corporation as are noted in the impugned communication.

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On query made, Shri Rituraj Singh, learned Counsel for the Oil Corporation states, this was a single application case. The Oil Corporation has yet not taken steps to readvertise the site.

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In view of such facts, no useful purpose would be served in keeping the present petition pending or calling for a counter affidavit at this stage.

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Accordingly, the writ petition is disposed of with the following observations :

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(i) The petitioner may treat the impugned communication as a final show cause notice and file her reply supported by her personal affidavit annexing thereto all relevant documents on which the petitioner may seek to rely including as to measurement of the land/plot and its distance from the centre adjacent to the road.

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(ii) If such compliance is made within a period of two weeks from today, the respondent no. 3 may call for Field Verification Report and if required may seek appropriate certification/confirmation from the revenue authorities

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through respondent no. 4 for demarcation of the petitioner's land and appropriate measurement.

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Accordingly, fresh decision may be made by the respondent within a period of eight weeks from the date of compliance made by the petitioner.

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Order Date :- 4.10.2024 SA

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(Donadi Ramesh, J.) (S.D. Singh, J.)

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Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad

Priti Verma v. Union of India and 2 Others

Case brief

What is this about?

What did the court decide?

Priti Verma v. Union of India and 2 Others

Case brief

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What did the court decide?

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