ASHWANI KUMAR SINGH v. UNION OF INDIA AND 4 OTHERS
WRIC/11481/2025 · 2025-05-07
Shekhar B Saraf, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39180 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39180 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:74433-DB Court No. - 40 Case :- WRIT - C No. - 11481 of 2025 Petitioner :- Ashwani Kumar Singh Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Sapan Kumar Singh Counsel for Respondent :- A.S.G.I.,Gaurav Kumar Chand,Pramod Kumar Rai Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Heard Sri Sapan Kumar Singh, learned counsel for the petitioner, Sri Gaurav Kumar Chand, learned counsel appearing for the Union of India and Sri Pramod Kumar Rai, learned counsel for the respondent nos. 2, 3 and 4. The writ petitioner is aggrieved by a letter dated 15.02.2024 passed by the respondent no.4 wherein the application for candidature of retail outlet dealership was rejected by the respondent no.4 on the ground that the relevant documents specifically under Appendix-3 were not supplied by the petitioner. Subsequent to passing of this order, a representation was filed by the petitioner which is also dealt with by the respondent-authority by letter dated 21.03.2024. The relevant portion of the said order is delineated below:
"Please refer to clause 4(vi) (L) of the Dealership Selection Brochure of 2023 which is read as "In case the applicant or family member(s) own the land jointly with third person, the consent letter in the form of an affidavit (Appendix-III) and/or Power of Attorney (Registered) clearly authorizing the applicant for such use of land from third person is also required. Such consent letter in the form of affidavit (Appendix-III) or Power of Attorney (Registered) should have been tendered by the concerned third person(s) on or before the date of application." Accordingly, you have offered Plot No. 327, 328, 329, 331, 332 and 333 situated in Village-Rudwalia, Tehsil Kasia, Distt-Kushinagar. You have submitted Consent from Rohit Kumar and Sureman Alias Surya Pratap Narayan Singh for Plot No. 327, 328 and 329. You have not submitted consent for Plot No. 331, 332 and 333, so your candidature has been rejected. As per DSB brochure there is no provision of any documents received through physically or through courier." The petitioner has not been able to show consent for plot nos. 331, 332 and 333. In light of the same, we do not find any reason to interfere in the impugned
order/communication and the subsequent order passed in March, 2024. Accordingly, the writ petition is dismissed.
Order Date :- 8.5.2025 Imroz (Dr. Y. K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- MOHAMMAD IMROZ KHAN High Court of Judicature at Allahabad