5.wp-8712-11.doc jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8712 OF 2011 Shri. Pundalik Babasaheb Sale ..Petitioner Vs. Union of India and Ors. ..Respondents Mr. N.V.Bandiwadekar for petitioner Mr. Hemant Prabhulkar i/b M/s. Jurisconsultus for Respondent Nos.2 to 4 CORAM : S.A.BOBDE AND SMT. V.K.TAHILRAMANI, J J. DATE : NOVEMBER 25, 2011. P.C.: 1. Rule, returnable forthwith. Heard finally by consent of the parties. 2. The petitioner has approached this Court against the order of Respondent No. 1 refusing to grant Kisan Seva Kendra (Retail Outlet) to the petitioner on the ground that the land offered by the petitioner cannot be taken into account since there is discrepancy in the land survey number. 3. The petitioner made an application for Kisan Seva Kendra to the Respondent-Indian Oil Corporation. In the application, it was necessary for an applicant to state any land which he possesses as a land on which the Kisan Seva Kendra may 1 5.wp-8712-11.doc be located. It is not disputed that an unmarried son's land can be taken into account. Accordingly, the petitioner submitted an application stating Survey number of the land held by his unmarried son. The son also submitted an affidavit to the Corporation stating that the said land belongs to him. It appears that the Respondent no. 2 has not taken it into consideration merely because the son referred to the land in question by Gat number whereas the petitioner has mentioned the Survey number. Thus, in our view, there was no sufficient reason to warrant rejection of the petitioner's application since it is well known in law that Survey number and Gat number may be given in respect of the same land depending upon whether the consolidation proceedings are taken in respect of the said land or not. In the circumstances, we consider it appropriate to set aside the order of rejection and we direct the respondents to consider the petitioner's application afresh by giving petitioner an opportunity of pointing out the identity and location of the land in question. The respondents may decide the said application within eight weeks from today. 4. Rule is made absolute in above terms. [ SMT. V.K.TAHILRAMANI,J.] [ S.A.BOBDE, J. ] 2