HILAL AHMAD KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) By medium of the instant review petition, the review petitioner is seeking review of order passed on 26/8/2021 in the writ petition bearing WP(C) No. 1703/2020 c/w WP(C) No. 2675/2019, on the grounds detailed out as under;

(2.) Mr Mohammad Iqbal Dar, learned appearing counsel for the review petitioner submits that the Court in Paragraph 1 and 7 of the order has mentioned "Commissioning of LPG Distributorship at various locations" instead of "Establishing the Petrol Pumps". He further submits that the review petitioner has fulfilled all the conditions of advertisement for establishing the Petrol Pump on the identified location falling at S. No. 155 viz. Beerwah (WML) on Beerwah-Magam Road, District Budgam under Open Merit Category and the claim of the review petitioner rejected by the respondents on the report of the Land Evaluation Committee, is arbitrary and against the records. He further submits that the plot offered by the review petitioner was abutting the road and the strip of the land at Arwah was connecting the plot with the road which was duly supported by the certificate issued by the Tehsildar, Beerwah, perusal whereof reveals that Survey No. 44 in estate Beerwah is the land of Fatha Mohammad Wani and others, who has leased out the same to the review petitioner for establishing petrol pump and it has been certified that the land where the petrol pump is to be established which is recorded as "Labroo", is owned by Fatha Mohammad Wani and others and the revenue department has no objection if the strip of land falling under Survey No. 410 of estate Arwah leading to Survey No. 44 is used as an approach road after the establishment of the petrol pump subject to fulfilment of all required formalities and the consent of the land holder.

(3.) Heard learned counsel for the parties, perused the pleadings on record and considered the matter.