IN THE SUPREME COURT OF INDIA

CIVIL 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

Leave granted.

The 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  

levelled 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.   

-2-

We,  accordingly,  set  aside  the  judgment  dated  

18.12.2006  and remit the case for fresh consideration.  

It will 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.

The appeal is disposed of accordingly.

                   ................  .J.                (HARJIT SINGH BEDI)

                        . ..................J.

                                  (J.M. PANCHAL) New Delhi, November 9, 2009.