Rita v. Union Of India And ORS
!"# $ %
& &
&
! "
#
#!
" '&#( & )) "* +, " '"-+" .
+ * +, "./" '-0.
+#+.
"0*&" 1#1 ""/+ $ '" ( &.
"( * +, ""/+ +2 '"&#(&.
"( * +, %""/+ 3333
#!$ "
%&'()
1.
On 09.03.2021, the following order was passed : "This matter is being taken up for hearing through video conferencing due to the outbreak of pandemic, COVID-19.
Learned counsel for the petitioner submits that due to an inadvertent clerical error in lease agreement Annexure P-2, Khasra No.88 instead of 82 was mentioned, which led to the respondent-Corporation concluding that there was a shortfall in the land offered for allotment of retail outlet at village Thilor on SS-12, Tosham-Isherwal Road, District Bhiwani. When the petitioner came to know of the same, she got the lease
deed corrected vide deed dated 20.09.2019 (Annexure P3), wherein it is specifically mentioned that it would form part and parcel of the earlier lease deed dated 20.12.2018. Learned counsel states that relevant documents were submitted before the respondentCorporation, however, her application was wrongly rejected on 09.10.2020 (Annexure P-5). Petitioner again submitted a representation (Annexure P-6) for reconsideration of her application as rejection of her candidature due to a clerical mistake was claimed to be unjustified. However, respondent-corporation, it is submitted, without deciding her representation, has proceeded to conduct a fresh draw in respect to allotment of retail outlet at village Thilor for today. Notice of motion.
Mr. Ankur Sharma, Advocate, accepts notice on behalf of respondent no.1 and Mr. Raman Sharma, Advocate accepts notice on behalf of respondents no.2 and 3 and pray for time to file reply. May do so well before the adjourned date.
At request adjourned to 10.05.2021.
In the meanwhile, draw of lots may be carried out, but allotment of the retail outlet be not finalized till the next date of hearing."
Mr. Raman Sharma, Advocate, on being confronted with lease deed, application form and corrected lease deed expressed his inability to controvert the fact that there seems to be some typing mistake and application of the petitioner has been rejected on the said ground.
Considering the totality of facts and circumstances, the present petition stands disposed of with a direction to the respondents to reconsider
*
application of the petitioner keeping in mind that there was some clerical/typing mistake in the lease deed which cannot be a ground of rejection especially when the petitioner had complied with all other requirements. The needful shall be done within 08 weeks from today.
%
#!
)
.."/ 4)5" + 65