SIMRAN GHEER Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) THE challenge in the present appeal is to the order dated 25.04.2011 passed by learned Single Judge. Vide the aforesaid order, the writ petition filed by the appellant, challenging the allotment of petrol pump site to respondent No.4, was dismissed.

(2.) THE appellant and respondent No.4 are contenders for petrol pump site at Karnal on Karnal Bye Pass road. The grievance of the appellant is in respect of awarding 25 marks for land and infrastructure on the basis of firm offer. As per the appellant, the land in respect of which the said respondent has been awarded 25 marks, belongs to her father, whereas the father is not a member of family of a married woman. Therefore, such marks could not be given to respondent No.4. It is contended that since the father is not a member of family and has been specifically excluded, therefore, the findings recorded by the learned Single Judge that as a stranger, the firm offer of the father can be taken into consideration, is not tenable in law.

(3.) THOUGH father of a married woman is not a member of family, but the position of the father is not worse than a third person for giving his land on long term lease. Such is the finding recorded by the learned Single Judge. The third person will include other family members who do not fall within the definition of family, as mentioned in Clause d, reproduced above.