In letters patent appeal, the full court disposed of a writ petition challenging the cancellation of a retail dealership location for an OBC category petitioner. The court found no error in the single judge order dismissing the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.59 of 2020
In
Civil Writ Jurisdiction Case No.23320 of 2019
======================================================
Kavita Kumari, wife of Manoj Prasad Singh, resident of Village and PostGopalbad, P.S.- Sarmera, Distt- Nalanda.
... ... Appellant/s
... Respondents ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Amaresh Kumar, Advocate, Ms. Nilima Kumari, Advocate, Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. Dr. K.N. Singh (ASG) Mr. Ankit Katriar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)
Date : 22-07-2021
Heard learned counsel for the parties.
Aggrieved by the judgment and order dated 26.11.2019
passed in C.W.J.C. No.23320 of 2019 passed by learned Single
Judge of this Court, the appellant has preferred this appeal.
Appellant had filed writ petition for setting aside the
letters dated 6.9.2019 and 9.9.2019 issued by Chief Divisional Retail Sales Manager, Patna Division Office by which retail
Patna High Court L.P.A No.59 of 2020 dt.22-07-2021 2/3
outlet of location under S.R.M.P. 2014-15 (Bihta - Sarmera Road) under OBC category District, Nalanda was cancelled.
Advertisement was issued on 26.10.2014 for opening of retail outlet at different locations of Bihar including 109 Bihta Sarmera Road and appellant applied in prescribed performa on 25.11.2014 for dealership of said retail outlet. Initially, Anil Kumar was offered dealership for said location and for verification of land proposed for opening of retail outlet NOC was called from DM, Nalanda, however, by letter dated 27.06.2017, NOC was denied by the District Magistrate, Nalanda and, thereafter, appellant was offered dealership by letter dated 22.11.2017 but subsequently, she was informed that said location for opening of retail outlet has been cancelled on the basis of report submitted by the Land Evaluation Committee after approval of competent authority and since cancellation of location is based on technical ground and there was no fault of appellant as such, application fee of Rs.1,000/- was refunded to the appellant.
In terms of advertisement, Corporation had exclusive right to cancel the location for opening of retail outlet without assigning any reasons as such, appellant cannot claim dealership of retail outlet as a right.
Patna High Court L.P.A No.59 of 2020 dt.22-07-2021 3/3
This court does not find any error or infirmity in the judgment and order passed by learned Single Judge requiring
any interference by this Court.
This L.P.A. is accordingly dismissed.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/- Veena
AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA
3 issues framed by the court
Whether the cancellation of the applicant's retail dealership location under S.R.M.P. 2014-15 was arbitrary or liable to be interfered with.
Whether the exclusive right to cancel a retail outlet without assigning reasons, as per the advertisement, bars the petitioner from claiming a right to the dealership.
Whether the lower court correctly found no error or infirmity requiring interference.
1 provisions across 1 enactments
Kavita Kumari
The Union of India
Sanjay Karol
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
