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2025 DAILYLAW 51152 (ALL)

SHIV SHANKAR LAL AND 3 OTHERS v. STATE OF U.P. AND 9 OTHERS

WRIC/13277/2025 · 2025-05-19

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85040-DB Court No. - 29 Case :- WRIT - C No. - 13277 of 2025 Petitioner :- Shiv Shankar Lal And 3 Others Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Nand Lal Yadav,Sunil Kumar Counsel for Respondent :- C.S.C.,Nishant Mehrotra,Pawankumar Dubey Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. Heard learned counsel for the petitioners, learned Standing Counsel for the State authorities, Sri Nishant Mehrotra for the respondent nos. 4 & 5, Sri Anil Kumar for the respondent no. 6 and Sri Pawan Kumar Dubey for the respondent nos. 7 to 10. Petitioners are aggrieved by the no objection certificate issued by the District Magistrate, Shahjahanpur on 12th January, 2024 for installation of a retail outlet in favour of private respondents. It is contended that the plot in question was jointly owned by various co-sharers and the shares have not been appropriately partitioned by meets and bounds. It is also urged that the retail outlet has been sanctioned treating the plot to be owned by the private respondents in its entirety. On behalf of respondents, it is pointed out that a revenue suit under Section 116 of the U.P. Revenue Code 2006 was instituted in which partition decree has also been passed. An appeal thereafter has been filed in the matter. It is stated that arising out of such proceedings a writ petition is also pending before this Court. Learned counsel for the Oil Company states that such facts have not been brought to the notice of the Company and if such facts are placed on record the oil company shall examine the records and pass appropriate orders. In view of the stand so taken by fifth respondent, we permit the petitioners to approach the fifth respondent, annexing all materials in support of their claim with regard to their objection to the grant of issuance of letter of intent in favour of private respondents, together with a copy of this order, within two weeks from today. The Oil Company shall afford an opportunity of hearing to the private respondents and pass appropriate orders, in accordance with law, within a period of two months, thereafter. The writ petition stands disposed of, accordingly. Order Date :- 20.5.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad