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SMT. MANJU SINGH versus UNION OF INDIA AND OTHERS

High Court of Judicature at Allahabad

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Smt. Manju Singh v. Union Of India And Others - WRIT - C No. 7933 of 2007 [2007] RD-AH 2499 (14 February 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

This writ petition has been filed for quashing the order dated 17th January, 2007 by which the letter of intent issued in favour of the petitioner has been cancelled.

Learned counsel for the petitioner has submitted that the letter of intent had been issued in favour of the petitioner but the proceedings were not completed for a long time. Being aggrieved petitioner preferred a writ petition being Writ Petition No. 3016 of 2007 which was disposed of by this Court by the order dated 18th January, 2007 requesting the competent authority the respondent no. 3 therein to consider the grievance of the petitioner and pass a speaking and reasoned order within the stipulated period.

It has been stated in the petition that before passing the said order by this Court on 18th January, 2007, the respondent authority passed the impugned order on 17th January, 2007 cancelling the said letter of intent.

Learned counsel for the petitioner submitted that the letter of intent could not have been cancelled by the order dated 17th January, 2007 without giving any opportunity to him.

We have perused the said order and find that it does not make any mention of the fact that opportunity had been granted to the petitioner before cancelling the letter of intent. Sri Sanjeev Singh learned counsel appearing for the Indian Oil Corporation has also not been able to produce before us any document to show that opportunity had been granted before cancellation of the letter of intent. In such circumstances, the order dated 17th January, 2007 cannot be sustained as it was passed in clear violation of principles of natural justice.

Sri Sanjeev Singh learned counsel for the Corporation, however, suggested that the matter shall be considered afresh by the competent authority and an appropriate order shall be passed only after affording opportunity to the petitioner.

In view of the aforesaid, the order dated 17th January, 2007 is quashed. However, it shall be open to the Indian Oil Corporation to pass a fresh order in accordance with law after giving the opportunity to the petitioner.    

The petition succeeds and is allowed to the extent indicated above.

Date: 14.2.2007

NSC-7933


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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