Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V.SHRAVAN KUMAR
Indian Oil Corporation Limited – Appellant
Versus
Petroleum and Explosives Safety Organization – Respondent
| Table of Content |
|---|
| 1. nature of the writ petition (Para 2) |
| 2. details on license suspension and pending litigation (Para 3 , 4) |
| 3. arguments regarding interim nature of the suspension (Para 5 , 6) |
| 4. remand for reconsideration (Para 7) |
| 5. court's directive and procedural fairness (Para 8 , 9) |
ORDER :
N.V.SHRAVAN KUMAR
This writ petition has been filed seeking the following prayer:
“...a) To set aside the Proceedings No.P/SC/TG/14/1833(P48505) dated 23rd April, 2025 suspending the License bearing No.P/SC/TG/ 14/1833(P48505) as being illegal, arbitrary, violative of the principles of natural justice violative of Article 14 of the Constitution of India and violative of the PETROLEUM RULES , 2002.
b) To set aside all consequent proceedings pursuant to the Impugned Letter No.P/SC/TG/14/1833(P48505) dated 23/04/2025 issued by the Respondent No.2 to the Petitioner Corporation...”
2. Heard Mr.P.Vishnuvardhan Reddy, learned counsel for the petitioner; Ms.N.V.R.Rajya Lakshmi, learned standing counsel for respondent Nos.1 and 2 and Mr.Kishore Rai, learned senior counsel for respondent Nos.3 to 6.
3. The grievance of the petitioner is that in the impugned order dated 23.04.2025, the Deputy Chief Controlle
The court emphasized adherence to natural justice principles, mandating that all relevant facts and documents must be fairly considered before suspending a license.
Administrative actions must adhere to principles of natural justice, ensuring that parties have an opportunity to present their case before any adverse decisions are made.
The main legal point established is that possession after the expiry of a lease deed is considered litigious and not recognized as a right to the site under Rule 152(1)(i) of the Petroleum Rules.
The principle of audi alteram partem mandates that parties affected by a decision must be granted an opportunity to be heard, especially when civil consequences arise.
Quashing of the cancellation order as it violated natural justice by lacking reasons, requiring reasoned decisions in quasi-judicial actions.
The licensing authority's power to suspend a licence under Clause 28 can be invoked based on preliminary findings, independent of concurrent legal proceedings under the Essential Commodities Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
