2018 Supreme(AP) 772
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
P. NAVEEN RAO, J.
Siva Pavani Filling Station - Appellant
Versus
State of Andhra Pradesh and Ors - Respondent
Writ Petition No. 39291 of 2018
Decided On : 13-11-2018
Advocate Appeared:
For the Appellant : C. Raghu
Headnote:
Constitution of India, Art. 226 - Declaring action of 2nd respondent in not considering application of petitioner for grant of Form-B license in relation to the existing retail outlet of the petitioner - Held, Suppression or concealment of material facts is not an advocacy - writ petition is filed to secure direction to Joint Collector to process the application filed by HPCL without reference to order - Joint Collector is bound by the interim order passed by this Court - Independent writ petition no direction can be issued to consider the application to issue Form-B Licence contrary to the orders in the said writ petition - Writ petition dismissed. Para 17, 18
P. NAVEEN RAO, J.
1. This writ petition is filed praying to grant the following relief:
".....to issue a Writ of Mandamus or any other appropriate writ order or direction declaring the action of the 2nd respondent in not considering the application submitted by the petitioner dated 17.08.2018 acknowledged by the 2nd respondent on 20.08.2018 for grant of Form-B license in relation to the existing retail outlet of the petitioner in Sy. No. 254/2 Tirupati Chittoo District as illegal and arbitrary and pass...."
2. The license to run retail petroleum outlet of Hindustan Petroleum Corporation Limited (HPCL) in Tirupati is mired in controversy. Brothers-in-law are at loggerheads. Before appreciating the prayer in the writ petition, it is necessary to note the history of the controversy and litigation that ensued.
2.1 Material on record would disclose that Sri G. Venkatramaraju, father-in-law of Sri C. Radha Krishnam Raju and Smt. C. Madhavi wife of C. Radha Krishnam Raju entered into lease agreement dated 15.12.2003 with M/s. Sivapavani Filling Station to lease out land in Survey No. 254/2 of MR Palli panchayat of Tirupathi mandal for 15 years which will end on 30.11.2018. In turn, the firm entered into lease agreement with Hindustan Petroleum Corporation Limited (for short HPCL) on 16.12.2003 to establish and run retail petroleum outlet. Vide document dated 29.4.2004, the earlier lease agreement was cancelled. Similarly, the lease agreement with HPCL was also cancelled vide document dated 29.12.2004. Simultaneously, fresh lease agreements were entered into with the owners of the property and HPCL as the case may be. The Joint Collector being the competent authority issued Form-B licence under A.P. Petroleum Products (Licensing and Regulation of Supplies) Order, 1980 to run the retail outlet in favour of M/s. Sivapavani Filling Station represented by Sri G Sridhar Raju/brother-in-law of C Radha Krishnam Raju, who filed complaint to the Joint Collector, Chittoor to cancel the Form-B issued in favour of M/s. Sivapavani Filling Station alleging that C Radha Krishnam Raju illegally entered his name in the Form-B license originally issued in favour of Sri K Manoj Kumar Reddy and has fabricated the documents in his favour to grab the dealership. On 22.6.2017 the Joint Collector suspended the Form-B license.
2.2 Challenging the order of suspension C Radha Krishnam Raju filed W.P. No. 20961 of 2017. The said writ petition was disposed of by order dated 12.6.2017 setting aside the order of suspension dated 22.6.2017. Aggrieved thereby, G Sridhar Raju filed WA No. 1036 of 2017. Said writ appeal was disposed of on 27.7.2017 setting aside the order of the learned single Judge and granting liberty to the Joint Collector to give opportunity to all the parties and to pass orders. By order dated 18.11.2017, the Joint Collector passed final orders cancelling the Form-B license issued to M/s. Sivapavani Filling Station. This order of Joint Collector was challenged in WP No. 39768 of 2017 by M/s. Sivapavani Filling Station represented by C Radha Krishnam Raju. Since remedy of appeal is available against the order of cancellation, the Court was not inclined to entertain the writ petition and disposed of the writ petition granting liberty to the petitioner to avail the remedy available. C. Radha Krishnam Raju claiming as partner of M/s. Sivapavani Filling Station preferred appeal before the Commissioner of Civil Supplies. G Sridhar Raju was also heard and the Commissioner by order dated 8.8.2018 affirmed the decision of the Joint Collector cancelling the Form-B license. However, he issued direction to Joint Collector to issue fresh Form-B license. Aggrieved by this portion of the order of the Commissioner of Civil Supplies directing the Joint Collector to issue fresh Form-B license G Sridhar Raju filed W.P. No. 36972 of 2018. This Court by order dated 11.10.2018 made in IA No. 1 of 2018 granted interim suspension of the order impugned to the extent Com