Andhra Pradesh High Court - Amravati
Sri Surya Filling Station vs The Union Of India on 5 May, 2023
qo-.
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMAl
(SPECIAL ORIGINAL JURISDICTION)
FRIDAY, THE FIFTH DAY OF MAY,
ll^/O THOUSAND AND TWENTY THREE
:PRESENT: I
THE HONOURABLE SRI JUSTICE RAVI CHEEMALA
WRIT PETITION NO: 11741 OF 2023
Between :
M/s Srl-Surya Filling Station, Durga Agraharam, Eluru Road (Karl Marx Road),
Vijayawada, Krishna District, Rep. b,y Sri.: Kondisetti Rajendra, S/o.
Suryanarayana, aged about 59 years, R/o. Vijayawada, Krishna Dl'strict
M.Petitioner
AND
1. The Union of India, Rep. by its Joint Secretary, Ministry of Petroleum
and Natural Gas, Sastry Bhavan, New Delhi
2. The Indian Oil Corporation`,Ltd'l.,,-Rep. by its Managing Director, G-9,
AIiayavarjung Marg, Band'ra (East), Mumbai, Maharashtra State -400
053
3. The DivisionalRetail Head,-Vija'yawada, The Indian Oil Corporation
Ltd., DivisionaI Office-Retail, GVR Towers, 3rd Floor, Bharathi Nagar,
Vijayawada -520 008
4. The Assistant Manager (Retail Sales), , Retail Sales Area, Krishna -Ill,
The Indian Oil Corporation Ltd.,I DiviSl'onaI Office, GVR Towers, 2nd
FIoor, Bharathi Nagar, VijayaWada ,520 008
5. The Executive Director and State Head, Telangana, Andhra Pradesh
State Office, Indian Oil Bhava'n,I Kukatpalli Industrial Estate,
Sanathnagar, Hyderabad -500 018
6. The Appellate Authority under MDG, Head Office lnidian Oil
Corporation Limited, Indian Oily,Bhavan, G-9, Ali Yavar Jung Marg,
Bandra (East), Mumbai -400 051
...Respondents
I I
WHEREAS the Petitioner`~ above named through its Advocate M/s
SODUM ANVESHA presented this Petition under Article 226 of the
Constitution of India praying that inl,the lcircumstances stated in the affidavit
filed therewl'th, the High Court mayJ bet pleased to issue an appropriate Writ,
order or direction mostly one which is in the nature of a writ of certiorari
calling for the records in and relating` to the Order of Termination passed by
tcha:I i n5fl Respondent dt.09.08.2022 and,`-t-he confirmation order passed by the
6th Respondent vide Ref.VJADO/MDG/SSFS/188091, dt.19.04.I2023-;n-d+ s-et--
aside the same holding that the:'Res-po'ndents are bound to continue the
dealership of the Petitioner.
AND WHEREAS the HI'gh Court upon perusing the petition and affidavit
filed herein and upon hearing the arguments of sri sodum Anvesha, Advocate
for the Petitioner and Sri N.Harinath, Asst Solicitor General for the
Respondent No.1 and Sri S.V.S.S.Sivaram, Standing Counsel for the
I
Respondent Nos.2 to 6, directed issue of,notice to the Respondents here,n to
show cause as to why thI'S WRIT PETITION should not be admitted.
You vjz..
1. The Jol'nt Secretary, unl'on of India, Minl'stry of petroleum and Natural
Gas, Sastry Bhavan, New Delhi
2. The Managing Dl'rector, Indian o" corporatl'on Ltd., G-9, All'ayavarjung
Marg, Bandra (East), Mumbai,fMaharashtra slate -400 053
3. The D,'v,'sl'onal Reta" Head, vjjayawada, The Indian o" corporation
Ltd., Dl|visl'onaI Office-RetaU GVR Towers, 3rd Floor, Bharathi Nagar,
Vijayawada -520 008
4. The Ass,'stant Manager (Reta" Sales), Reta" sales Area, Krjshna -Ill,
The lndl'an o" corporation Ltd., Djvl-sional offl'ce, ,GVR Towers, 2nd
Floor, BharathI' Nagar, vijayawada|520 008
5. The Execut,'ve Dl'rector and state-Head, Telangana, Andhra pradesh
state office, lndl'an o" Bhavan, Kukatpalli Industrial Estate,
Sanathnagar, Hyderabad -500 018.I
6. The AppeIIate Authorl'ty under MDG, Head Office lnl-djan o"
corporation Llmited, Indl'an O" Bhavan, G-9, AI,I Yavar Jung Marg,
Bandra (East), Mumbaj -400 051
are be and hereby direct?d_ to show ca.use either appearing in person or
through an Advocate, as to why ln the clrcumstances set out in the petition
and the affidavit fl'led therewith (copy enclosed) this WRIT PETITION should
not be admitted, on or before o8.05.2023, on whl'ch date the case stands
POSted for hearing.
J4LJquO.. 1 OL2g2±
petition under section 151 CPC is filed praying that in the
circumstances stated in the affidavl't filed in support of the writ petl'tl'on, the
High Court may be pleased to direct the Respondents 2 to 6 to continue the
petl'tioner as A-Site Reta" Outlet Dealer by giving supplies regularly without
reference to the terminatI'On Order l'n Ref. VJADO/MDG/SSFS/188091,
dt.19.04.2023 of the 6th Respondent, pending disposal of wp No.11741 of
2023, on the file of the High Court.
The Court made 1:he following:
ORDER:
[fNotice before admission.
srj N.Harinath, learned Deputy SOII-CitOr General of India, takes notice on behalf of respondent No.1.
sri s.v.s.s.siva Ram, learned standing counsel for Indian o"
corporatl-on Limited, takes notice on behalf of respondent Mos.2 to 6 and seeks time to get instructions.
Post on o8.05-2023.
Till then, the respondent adth'orities are directed not to lifVremove the equipment existing in the filirfg\`§fatjon of the petitioner."
•`-.Z-.-.,i .5`'` Sd/-U.SRI DEVI ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To,
1. The Joint Secretary, Union of India, Ministry of Petroleum and Natural Gas, Sastry Bhavan, New Delhi
2. The Managing Director, Indian Oil Corporation Ltd., G-9, Aliayavarjung Marg, Bandra (East), Mumbai, Maharashtra Slate -400 053
3. The DivisionaI Retail Head, Vijayawada, The Indian Oil Corporation Ltd., DivisionaI Office-Retail, GVR Towers, 3rd FIoor, Bharathi Nagar, Vijayawada -520 008
4. The Assistant Manager (Retai;I S`a`les), Retail Sales Area, Krishna -Ill, The Indian Oil Corporation Ltd., Divisional office, GVR Towers, 2nd Floor, Bharathi Nagar, Vijayawada 520 008
5. The Executive Director and State Head, Telangana, Andhra Pradesh State Office, Indian ,Oil BhaVan',I Kukatpalli Industrial Estate, Sanathnagar, Hyderabad -500-018
6. The Appellate Authority under MDG, Head Office lnidian Oil Corporation Limited, Indian Oil Bhavan, G-9, All Yavar Jung Marg, Bandra (East), Mumbai -400 051 (Addressee Nos.1 to 6 by RPAD- along with a copy of petition.and,I,affidavit)
7. One CC to M/s Sodum Anvesh-a, Advocate [OPUC]
8. One CC to Sri. N.Harinath;`Asst solicitor General [OPUC]
9. One CC to Sri S.V.S.S,Siva-Rain;-+Standing Counsel [OPUC]
10. One spare copy MM +, I \l, .
HIGH COURT RCJ DATED.'O5/05/2023 NOTE: POST ON O8.05.2023 NOTICE BEFORE ADMISSION WP.No.11741 of 2023 INTERIM DIRECTION