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2025 DAILYLAW 112076 (ALL)

RAJESH UPADHYAY v. UNION OF INDIA AND 2 OTHERS

WRIC/42608/2024 · 2025-03-17

Kshitij Shailendra, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38380-DB Court No. - 40 Case :- WRIT - C No. - 42608 of 2024 Petitioner :- Rajesh Upadhyay Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Akhilendra Singh,Lalta Prasad,Prabhat Kumar Singh Counsel for Respondent :- A.S.G.I.,Komal Mehrotra Hon'ble Shekhar B. Saraf,J. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel appearing on behalf of the petitioner and Sri Komal Mehrotra, learned counsel appearing on behalf of the respondent Nos.2 & 3. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the order dated November 20, 2024 passed by the respondent No.3 rejecting the application of the petitioner for retail outlet on the ground that the petitioner could not explain that the property provided by him was qualified as per the parameter required. 3. Counsel appearing on behalf of the respondents has submitted that the application form indicates only one khatauni being 00101 which contained the plot no.256. He further submits that the petitioner is now trying to add a particular plot being 247 which is in khatauni 00102. The details of the same were not provided in the application form, and accordingly, this discrepancy cannot be amended at this stage. He submits that the same is not a typographical error and is clearly an omission. 4. Upon perusal of the documents and the impugned order, we are of the view that the order passed by the respondent No.3 is a well reasoned order and based on a proper application of mind. The impugned order is neither arbitrary nor mala fide in any manner. Accordingly, no interference is required. 5. The writ petition is dismissed. Order Date :- 18.3.2025 Kuldeep (Kshitij Shailendra, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad