Neutral Citation No. - 2025:AHC:51550-DB Court No. - 3 Case :- WRIT - A No. - 4405 of 2025 Petitioner :- Manali Industries Respondent :- Transport Commissioner Mahatma Gandhi Marg And Another Counsel for Petitioner :- P.H. Vashishtha Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. Heard learned counsel for the petitioner and learned Standing Counsel. Challenge in the writ petition is to an order dated 08.01.2025 passed by the Additional Transport Commissioner (Revenue), Uttar Pradesh rejecting a representation filed by the petitioner. The facts of the case briefly stated are that the petitioner applied online for establishing an automated testing station. It appears that the applications were to be considered at first come first basis. The petitioner along with his application had offered land on the basis of an affidavit of the land owner. The object being to obtain on lease for setting up the automatic testing station. It appears that subsequently the owner of the land resiled and no lease deed was executed in favour of the petitioner. The petitioner at this stage made a representation for permission to offer alternative land for the purposes of setting up the automatic station, which representation has been rejected by the order impugned. In the context of the arguments, we have examined the conditions mentioned in the advertisement in pursuance whereof, the petitioner had applied. Clause 12 of this agreement appears to be relevant for the purposes of the writ petition and is quoted below: "12. ककसस एक जनपद मम अधधकतम 03 सवचचधलत परसकण सटटशन हस सथचकपत ककयट जचनट कक अननमकत हहगस। पथम आगत पथम पचवत (First come first serve) कक नसकत कट अननसचर सवचचधलत परसकण सठटशन आववकटत ककयट जचयवगट। पथम आगत पथम पचवत (First come first serve) कच कनधचररण नटशनल धसवगल कवणडह धससटम (NSWS) पहटरल पर आवटदन पसतनत करनट कक कतधथ/ समय कट आधचर पर ककयच जचयटगच। कट वल आवटदन हस आवटदक कह सवचचधलत परसकण सटटशन आववकटत ककयट जचनट कच आधचर नहह हहगच बललक पथम आगत पथम पचवत (First come first serve) कट अननसचर अहरतचओव कट परसकणहपरचनत अहर पचयट जचनट कक लसथकत मम समबलनधत जनपद मम अधधकतम 03 आवटदकक कह पचरलममक रधजसटटसकरण पमचण- पत जचरस ककयच जचयटगच। यकद पथम तसन आवटदकक मम सट कहई आवटदक परसकणहपरचवत अहर नहह पचयच जचतच हह तह पथम आगत पथम पचवत (First come first serve) कट कम कट अननसचर अगलट आवटदक कट आवटदन पर कवचचर कर पचत आवटदक कच कनणरय धलयच जचयटगच।" The conditions above prescribe that once a preliminary registration certificate has been issued in favour of an applicant within 30 days, thereafter the applicant shall produce a registered lease deed in his favour, regarding the land offered, over which the automatic testing station is to be established. This has admittedly not being done. The issue involved in the writ petition is whether the petitioner can be permitted to offer alternative land different from the one mentioned in his application. It is for this purpose that clause 12 becomes relevant. The process provided therein is that in case an applicant is found ineligible for establishing an automatic testing station, the, next applicant has to be considered, automatically. Under the circumstances, and in case the relief prayed for in the writ petition is granted the same would amount to breaking the queue especially when the primary consideration for dealing with applications is the date and time of their filing as they were required to dealt with on a first come first basis. In view of the above, in our considered opinion and since the Court cannot modify the conditions of the advertisement, the relief prayed for in the writ petition cannot be granted. The writ petition is accordingly dismissed. Order Date :- 9.4.2025 Mayank Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad