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2007 Supreme(AP) 856

P.S.NARAYANA
Venkata Ramana Agencies, HPCL Dealers, Kakinada – Appellant
Versus
District Collector, East Godavari, Kakinada – Respondent


Advocates:
Advocate Appeared
Counsel for petitioner: Sri Challa Dhanamjaya
Counsel for respondents 1 & 2: Assistant Government Pleader for Civil Supplies.
Counsel for respondent No.3: Sri S.Nageswar Reddy, Standing Counsel.
Counsel for respondent No.5: Sri P.V. Sanjay Kumar.

ORDER

1. Heard Sri Challa Dhanamjaya, the learned Counsel representing the writ petitioner, the learned Assistant Government Pleader for Civil Supplies representing respondents 1 and 2, Sri S.Nageswar Reddy, the Standing Counsel for 3rd respondent and Sri P.V. Sanjay Kumar, the learned Counsel representing the 5th respondent.

2. The learned Counsel representing the writ petitioner had taken this Court through the contents of the affidavit filed in support of the Writ Petition and the objections raised and would maintain that the preliminary objection raised by Sri P.V. Sanjay Kumar, the learned Counsel representing the 5th respondent that the Writ Petition is not maintainable at the instance of a rival trader cannot be sustained. The learned Counsel also in detail had explained how there is some subsequent change of Law by relying upon certain decisions in this regard. The Counsel also further had pointed out that when other serious objections are there, to throw out a Writ Petition on the ground of such an objection relating to the maintainability, definitely would be unjust. The learned Counsel pointed out to the relevant paras of the affidavit filed in support of the Writ Pe




























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