UMA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this case, the petitioner is challenging the order impugned dated 16.11.2007 Annexure -9 and prayed that the respondents may be directed to issue letter of intent to the petitioner at an early date because he has been placed at Sl. No. 1 in the merit of panel for allotment of retail outlet at Toshina Tehsil Deedwana, District Nagaur.

(2.) THE case of the petitioner is that he applied in pursuance of Annexure -1 for allotment of retail outlet dealership and after due formalities and interview held on 14.9.2006, the petitioner was placed at Sl. No. 1 in the panel by the Committee constituted by the Corporation for the said purpose. According to the petitioner, he proceeded for obtaining conversion of the land from agriculture to commercial and as such approached the District Collector and obtained No Objection Certificate from the Gram Panchayat. The District Collector also proceeded to obtain further report from the Tehsildar Deedwana by communication dated 7.10.2006. In pursuant to communication dated 7.10.2006 Annexure -4, originated by the District Collector, the report was submitted by Public Works Department to the Tehsildar Deedwana. Consequently, the Tehsildar, Deedwana submitted a report and recommended to the District Collector, Nagaur for conversion of the land bearing Khasra No. 1162/1141 measuring 1225 sq. mtrs. for commercial purposes (for installation of the petrol pump) on 27.10.2006.

(3.) THE petitioner filed a representation before -the respondents for issuing letter of intent on 22.5.2007 but letter of intent was not issued and later on respondent No. 3 Divisional Manager informed the petitioner by communication dated 16.11.2007 that the letter of intent cannot be issued to him as there was a complaint filed by one Ugma Ram S/o Deva Ram regarding the dealership. However, subsequently, after enquiry, the alleged complaint was not established but before issuance of letter of intent, certain new guide lines for setting up retail outlet was received and as per the said guidelines, the minimum sales potential required to establish retain outlet in D -2 class of market Toshina was 110 kl per month, therefore, village Toshina for which the assessed potential was 84 KL per month was not meeting volume norms given by the Headquarters.