SUMAN CHAUHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri H.N. Singh for the Petitioner and Sri Prakash Padia for the contesting Respondents.

(2.) The Petitioner was one of the applicants for a retail outlet in response to an advertisement issued by the Indian Oil Corporation on 11.9.2009. The Petitioner, in support of having land, forwarded a copy of a registered lease deed in respect of area 0.2925 hectares of Khata No. 164, Plot No. 2436/5 situated in Mauja Sarenda Tehsil Kheragarh, District Agra, which was executed by one Gajadhar for a period of 20 years. When the application came up for consideration, the Petitioner was held not to have obtained the necessary minimum marks as no marks were awarded for the land shown by the Petitioner. Aggrieved, the Petitioner approached this Court by filing Writ - C No. 29241 of 2010. The contention urged was that the marking was wrong. In the light of that, this Court, by its order dated 20.5.2010 directed the Petitioner to file a representation and directed the Respondents to decide the representation in accordance with law.

(3.) Petitioner thereafter filed one more writ petition being Writ - C No. 59016 of 2010, which was allowed by order dated 28.9.2010. The contention urged was that without deciding the representation of the Petitioner, fresh advertisement was issued, which was the subject matter of that writ petition. This Court allowed the writ petition and quashed the re-advertisement and directed to first decide the representation of the Petitioner. Thereafter, the representation was decided by an order dated 13 of December, 2010 thereupon the reason given is that the lease deed submitted by the Petitioner was not found suitable during verification from District Magistrate, Agra since the land belonged to a Scheduled Caste person and cannot be leased to a person belonging to General Category without the permission of the Collector.