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2025 DAILYLAW 128805 (ALL)

KOPAL CHAUDHARY v. BHARAT PETROLEUM CORPORATION MUMBAI THRU. ITS CHAIRMAN AND 5 ORS

WRIC/2650/2025 · 2025-04-03

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18647-DB Court No. - 2 Case :- WRIT - C No. - 2650 of 2025 Petitioner :- Kopal Chaudhary Respondent :- Bharat Petroleum Corporation Mumbai Thru. Its Chairman And 5 Ors Counsel for Petitioner :- Lalit Kishore Tiwari,Karuna Shankar Tiwari Counsel for Respondent :- Mohammad Ehtesham Khan Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard Shri Lalit Kishore Tiwari, learned counsel for the petitioner and Mohammad Ehstesham Khan, learned counsel for the opposite parties. Considering the order proposed to be passed issuance of notice to opposite party no. 6 is dispensed with. Learned counsel for the petitioner says that the pleas raised in his complaint have not been considered and the complaint has been decided cryptically against the principles of natural justice vide impugned order dated 11.01.2025. The contention of the petitioner's counsel appears to be correct. We, accordingly, quash the impugned order and direct the opposite party no. 2 to take a fresh decision in the matter on the application of the petitioner dated 04.10.2024 after getting the facts verified, specifically, on the issue as to whether the opposite party no. 6 had requisite land for being considered under Category- 1 on the date of application or not, as, it is the allegation in the complaint that he did not have the land rather his father had the said land. Let this decision be taken within a period of one month. This order is without prejudice to the rights of the opposite party no. 6 who shall be heard before any such decision is taken. With the aforesaid observations/directions, the writ petition is disposed of. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 3.4.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench