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Neutral Citation No. - 2025:AHC:140715-DB Court No. - 29 Case :- WRIT - C No. - 26671 of 2025 Petitioner :- Haji Margub Alam Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Sumit Goyal Counsel for Respondent :- Archana Singh,C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Praveen Kumar Giri,J.
1. Heard Mr. Sumit Goyal, learned counsel for the petitioner, Mr. D.K. Tiwari, learned Additional Chief Standing Counsel for the State-respondent and Mrs. Archana Singh, learned counsel for respondent Nos. 2 and 3. 2. The instant writ petition is preferred inter-alia with the following reliefs:-
"i. Issue a writ, order or direction in the nature of mandamus directing the respondent no.4, 5, 6 to provide clear cut no objection with respect of establishment of new retail outlet dealership of Indian Oil Corporation Limited in favour of the petitioner relaxing/waiving of the condition of making service road. ii. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 6 to decide the representation of the petitioner dated 19.06.2025 in accordance to law."
3. Learned counsel for the petitioner submits that in view of the advertisement published in the Dainik Jagaran Newspaper qua the establishment/allotment of MS/HSC retail outlet dealership by the Indian Oil Corporation Limited (hereinafter referred to as 'IOCL'), the petitioner had applied for the same and was later successful in the said allotment. 4. After arguing at some length, learned counsel for the petitioner confined his prayer only to the extent that a suitable direction be
issued to respondent No. 6, District Magistrate, Saharanpur, to process the application dated 19.06.2025 in accordance with law. 5. Learned Standing Counsel and Mrs. Archana Singh, learned counsel for the IOCL, very fairly conceded the fact that they have no objection in case the matter is relegated to the District Magistrate, Saharanpur, who may process the application of the petitioner in accordance with the law. 6. Considering the factual situation, at this stage, we are not inclined to adjudicate the instant matter at first hand.
With the consent of the parties, the writ petition stands disposed of with an observation that the respondent No.6 i.e. District Magistrate, Saharanpur, must consider the representation dated 19.06.2025 of the petitioner and pass an appropriate order, strictly in accordance with law, within a period of six weeks' from the date of production of certified copy of this order, but certainly after giving audience to all the stake holders in the matter. 7. Needless to say, we have not adverted on the merits of the case. Order Date :- 18.8.2025 K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad