VINOD KUMAR GUPTA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. SOCIAL WELFARE DEPTT. LKO. AND 3 OTHERS
/7340/2025 · 2025-08-04
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154938 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154938 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45127-DB Court No. - 2 Case :- WRIT - C No. - 7340 of 2025 Petitioner :- Vinod Kumar Gupta Respondent :- State Of U.P. Thru. Addl. Chief Secy. Social Welfare Deptt. Lko. And 3 Others Counsel for Petitioner :- Shikha Srivastava,Suneel Kumar Singh Kalhans,Yogesh Kumar Counsel for Respondent :- C.S.C.,S M Singh Royekwar Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the State Respondents and Sri Sumit Tahilramani, Advocate, holding brief of Sri S.M. Singh Royekwar,
learned counsel representing Bharat Petroleum Corporation Limited.
2. This petition has been filed with the following main prayer:-
"Issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 24.07.2025, issued by opposite party number 4, contained in Annexure No.1 to the writ petition; Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.4 not to harass the petitioner and not to disrupt supply of the petitioner's Retail Outlet Dealership/ Petrol Pump in pursuance of the impugned notice dated 24.07.2025, issued by opposite party number 4, contained in Annexure no.1 to the writ petition."
3. It has been submitted by learned counsel for the petitioner that in pursuance of an advertisement issued for allotment of Retail Outlet Dealership/ Petrol Pump of the respondent no.4, the petitioner applied and was declared successful. He was awarded the Retail Outlet Dealership. Later on, one of the unsuccessful bidders made a false complaint before the Authorities and thereafter filed writ petition, namely, Writ-C No.35513 of 2019:Lakshami Soni Vs. State of U.P. and others. Even after pleadings
were exchanged, no interim order was issued and the writ petition remained pending. The petitioner belongs to sub-caste 'Kasaudhan' of 'Vaishya' community which falls under OBC category and the Petrol Pump in question was allotted to the petitioner under OBC category. However, later on the petitioner's caste certificate was cancelled on
02.02.2021. The petitioner filed an Appeal before the Commissioner, Devi Patan Mandal, and the
order dated 02.02.2021 was set aside and the matter remanded to the District Level Committee for reconsideration. The District Level Committee/ District Magistrate again passed an order on 07.04.2022 cancelling the certificate. Feeling aggrieved, the petitioner preferred a statutory Revision/ representation before the State Level Committee/ State Government which is pending since September, 2022. The orders rejecting the petitioner's case are still to be determined to be correct or not by the State Level Committee, but the respondent no.4 has issued notice on 05.09.2022 to the petitioner regarding why his Retail Outlet should not be suspended as the Caste certificate, on the basis of which the petitioner had been allotted petrol pump in OBC category, has been cancelled.
4. The petitioner has replied to the said notice. Now, he has again received a notice on 24.07.2025 asking him to appear before the Head (Retail) North of Bharat Petroleum Corporation Limited along with original I.D. proof and other documents for personal hearing.
5. It has been submitted by learned counsel for the petitioner that repeatedly the respondents are harassing him only at the behest of an unsuccessful bidder and the question of determination of his caste as 'Kasaudhan'/ OBC is still pending before the Appropriate State Level Committee.
6. We have gone through the show-cause notice and we find that it is not the case of the petitioner that it has been issued by an Authority without jurisdiction. Since B.P.C.L. has a right to enquire into any case of false identity/ wrong caste certificate, it has issued the show cause notice. We
do not ordinarily interfere in a show-cause notice unless it is totally perverse or without jurisdiction.
7. Learned counsel for the petitioner has also argued that he has received another notice today after filing of the writ petition directing the petitioner to appear on 06.08.2025. He has produced the notice dated 30.07.2025 before this Court, which is kept on record.
8. The writ petition is disposed of with a direction to the petitioner to appear before the Authority concerned on 06.08.2025 as indicated in the show- cause notice and place his case.
Order Date :- 4.8.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench