Rabia Begum v. The Union of India and 3 Ors

JUDGMENT AND ORDER (ORAL) Heard Mr. A. Tewari, the learned counsel appearing on behalf of the Petitioner and Mr. S. S. Roy, the learned CGC appearing on behalf of the Respondent No.1. I have also heard Mr. S. Borthakur, the learned Standing counsel appearing on behalf of the Respondent Nos. 2 to 4.

¶2The Petitioner herein is aggrieved by the action on the part of the respondent authorities in rejecting its application for award of the Retail Outlet Dealership from Nilbagan to Murajhar Post office on SH-19 (Howraghat Road) in the district of Hojai under the open category which was advertised on

25.11.2018.

¶3It is seen from the materials on record that the Petitioner pursuant to the advertisement which was issued on 25.11.2018 submitted her application and also offered her leasehold land. The Respondent Authorities have conducted a Page No.# 3/4 Draw of Lots and selected the Petitioner preliminarily subject to verification of documents and the land vide the communication dated 14.02.2019. Subsequent thereto, the Petitioner was duly informed that the Land Evaluation Committee would visit the location of the land in question.

¶4It has been specifically averred in the writ petition that the member of the Land Evaluation Committee duly came to the land but did not make any measurement. Be that as it may, on the ground that the land did not need the dimension of 35 metres frontage and 35 meters in depth, the candidature of the petitioner was rejected vide the impugned communication dated 20.11.2019 and it is under such circumstances the Petitioner being aggrieved has approached this Court.

¶5It is relevant to mention that the Petitioner pursuant to the impugned communication dated 20.11.2019 has carried out a measurement through a registered survey wherein it was certified that the land in question had 37.5 metres in frontage and 40 metres in depth.

¶6Mr. A. Tewari, the learned counsel for the Petitioner submits that the Respondent Authorities in spite of the issuance of notice neither filed any affidavit nor have denied to the contentions so made in the writ petition.

¶7This Court has also heard Mr. S. Borthakur, the learned Standing counsel appearing on behalf of the Respondent Nos. 2, 3 and 4. The issue which is involved in the instant writ petition is as to whether the land which was offered meets the requirement as per the advertisement which is 35 metres having frontage and 35 metres in depth. The said issue can very well be settled by a re-verification made by the Land Evaluation Committee in presence of the Petitioner. Page No.# 4/4

¶8Accordingly, this Court disposes of the instant writ petition by interfering with the communication dated 20.11.2019 thereby directing the Land Evaluation Committee of the Respondent No.2 to carry out verification of the land measurement details and thereupon take a decision as to whether the land in question so offered by the Petitioner meets the requirement in terms with the advertisement. In the circumstance, the said verification so conducted shows that the land does not meet the required measurement area as stipulated in the advertisement, the Respondent Authorities would be liberty to pass appropriate orders. It is however observed that in the circumstance such orders are passed which are prejudicial to the interest of the Petitioner, the Petitioner would be at liberty to approach this Court.

¶9With above observations and directions, the instant petition stands disposed of.

¶10Interim order passed earlier stands vacated.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010302462019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/9111/2019ooooooooo RABIAoBEGUMo W/O-oIQBALoHUSSAIN,oAoR/O-oH.NO.o63oA,oLANEoNO.2,oDR.oB.BAROOAHo ROAD,oULUBARI,oGHY-07,oDIST.-oKAMRUPo(M),oASSAM,oPH.NO.o7002844604 VERSUSo THEoUNIONoOFoINDIAoANDo3oORS.o REP.oBYoSECY.oTOoTHEoMINISTRYoOFoPETROLEUMSoANDoNATURALoGAS,o SHASTRIoBHAWAN,oNEWoDELHI-o110001 2:BHARAToPETROLEUMoCORPORATIONoLT. oGUWAHATIoRETAILoTERRITORYoOFFICEo1SToFLOOR oNEXIAoPARK oG.M.C.H.oROAD oCHRISTIANoBASTI oGHY oKAMRUPo(M) oASSAM 3:HEADoOFoTERRITORYoOFFICER oBHARAToPETROLEUMoCORPORATIONoLT.oGUWAHATIoRETAILoTERRITORYo OFFICEo1SToFLOOR oNEXIAoPARK oG.M.C.H.oROAD oCHRISTIANoBASTI oGHY oKAMRUPo(M) oASSAM 4:LANDoEVALUATIONoCOMMITTEE oBHARAToPETROLEUMoCORPORATIONoLT.oGUWAHATIoRETAILoTERRITORYo OFFICEo1SToFLOOR Page No.# 2/4 NEXIA PARK G.M.C.H. ROAD CHRISTIAN BASTI GHY KAMRUP (M) ASSA For the Petitioner(s) : Mr. A. Tewari, Advocate For the Respondent(s) : Mr. S. Borthakur, Standing Counsel : Mr. S. S. Roy, CGC Date of Hearing : 17.07.2024 Date of Judgment : 17.07.2024 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH