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2025 DAILYLAW 72168 (ALL)

RAJ KUMAR SONKAR AND ANOTHER v. BHARAT PETROLEUM CORPORATION LTD AND 2 OTHERS

WRIC/21956/2025 · 2025-09-22

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 21956 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE AVNISH SAXENA, J. 1. Mr. Ajay Kumar, learned advocate appears on behalf of petitioner and submits, under challenge is decision dated 30th May, 2025 taken by the oil company upholding its earlier decision dated 8th January, 2025, whereby private respondent no.3 was found eligible for issuance of letter of intent (LoI) based on documents submitted by him. He submits, it will be apparent from impugned decision that final order dated 11th September, 2024 on the partition having consequence that lessees of private respondent no.3 became exclusive owners of the land leased, was passed after his application dated 28th August, 2024. He seeks interference for having impugned decision set aside and consequent direction upon the oil company to consider his client's candidature for the dealership. 2. Mr. Santosh Kumar Singh, learned advocate appears on behalf of respondent nos.1 and 2 (the oil company). He has not been called upon to answer. We also do not deem it necessary to direct issuance of notice on private respondent no.3. 3. There does not appear to be any dispute regarding title of the lessors, who had granted lease in favour of respondent no.3. The demise has been accepted by the oil company, inasmuch as, it found private respondent no.3 to be eligible. In that context reproduced below is a paragraph from impugned decision. "Further, the ownership and partition of these lands are supported by the Versus Counsel for Petitioner(s) : Ajay Kumar Counsel for Respondent(s) : Anand Tiwari, Santosh Kumar Singh Raj Kumar Sonkar And Another .....Petitioner(s) Bharat Petroleum Corporation Ltd And 2 Others .....Respondent(s) initial order dated 17.08.2024 in Dispute no.5137 of 2024, the demarcation report (Nazri Naksha) dated 21.08.2024 issued by the Lekhpal, and the Final Order dated 11.09.2024 reaffirming the legality of the partition. Based on these documents, the LOI was issued for Gata nos.532/4 and 532/5." The partition was subject matter in Dispute no.5137 of 2024. Initial order was made on 17th August, 2024 and demarcation report followed on 21st August, 2024. The application of respondent no.3 was made on 28th August, 2024 and the final order came thereafter on 11th September, 2024. The oil company says the final order was re-affirmation of the partition already taken place. It happened prior to date of the application. 4. Petitioner's complaint appears to have been duly dealt with. Reasons have been given. The writ Court does not sit in appeal. 5. The writ petition is dismissed. September 23, 2025 Ashutosh WRIC No. 21956 of 2025 2 (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- ASHUTOSH SINGH High Court of Judicature at Allahabad