Sahai & Sons & Ors. Vs. Union of India & Ors.  INSC 1715 (9
APPELLATE JURISDICTION CIVIL APPEAL NO. 7616 OF 2009 (Arising out of SLP(C)No.
3641/2007) Pt. Triveni Sahai & Sons & Ors. ...Appellant(s) Versus Union
of India & Ors. ...Respondent(s)
O R D E R
learned counsel for the appellants has raised several arguments on the merits
of the controversy inasmuch that the allotment of the pump could not be made to
a Scheduled Castes applicant as the quota of the Scheduled Castes had been
exceeded. It has however been pointed out by Mr. Sudhir Chandra, the learned
senior counsel for the respondents, that the quota had not been exceeded and
that in any case no challenge had been leveled by the appellants to the
Notification issued by the respondent-Corporation for the allotment of the
petrol pump. He has also stated that the appellants who already owned one
petrol pump could not be allotted another one as per rules. We find that no
such issues had been raised or decided by the High Court by the impugned
judgment dated 18/12/2006.
accordingly, set aside the judgment dated 18.12.2006 and remit the case for
be open to the parties herein to raise all pleas before the High Court. We also
request the High Court to expedite the hearing of the matter as it has been
pending since long.
appeal is disposed of accordingly.
................ .J. (HARJIT SINGH BEDI)
..................J. (J.M. PANCHAL)
November 9, 2009.