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2025 DAILYLAW 13013 (ALL)

UMA SINGH BAGHELS v. UNION OF INDIA AND 2 OTHERS

WRIC/2858/2025 · 2025-03-02

Shekhar B Saraf, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30474-DB Court No. - 40 Case :- WRIT - C No. - 2858 of 2025 Petitioner :- Uma Singh Baghels Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Ashutosh Ganguli,Dinesh Kumar Singh Counsel for Respondent :- Vaibhav Tripathi,A.S.G.I.,Komal Mehrotra Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel appearing on behalf of the petitioner and Sri Vaibhav Tripathi, learned counsel appearing on behalf of the respondent Nos.2 & 3. 2. This is a writ petiton under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the initial order of rejection of dealership of retail outlet dated June 14, 2024 and the final order in appeal dated December 5, 2024. 3. The reasons provided in the initial order is that the lease deed was not executed by all the co-owners. However, we find that the subsequent order in appeal is a non speaking order and does not contain specific reasons for rejection of the candidature of the petitioner for retail outlet dealership. 4. Instruction provided by the counsel appearing on behalf of the respondent Nos.2 and 3 indicates that on the date of application, the property in question was not partitioned and it is only subsequently that partition has taken place. These particular facts should have been specifically mentioned in the subsequent order in appeal dated December 5, 2024. 5. Accordingly, the order dated December 5, 2024 is quashed and set aside with a direction upon the authority concerned to grant another opportunity of hearing to the petitioner, and thereafter, pass a reasoned order in accordance with law. 6. With the aforesaid directions, the writ petition is disposed of. Order Date :- 3.3.2025 Kuldeep (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad