2026:APHC:23264 APHC010058602019 IN THE HIGH COURT OF ANDHRA PRADESH [3327]

AT AMARAVATI (Special Original Jurisdiction)

MONDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 2693/2019 Between:

1. SVGR PETRO MART (HPCL), RAMALLAKOTA VILLAGE, VELDURTHY MANDAL, KURNOOL DISTRICT, REP. BY ITS DEALER SMT. S. SUPRAJA, W/O. S. MADDILETI SWAMY, AGED ABOUT 42 YEARS, R/ O. BETHAMCHERLA VILLAGE AND MANDAL, KURNOOL DISTRICT ...PETITIONER AND

1. INDIAN OIL CORP, REP. BY ITS MANAGING DIRECTOR, INDIAN OIL BHAVAN, G-9, ALI YAVAR JUNG MARG, BANDRA(EAST), MUMBAI-400051

2. THE REGIONAL OFFICER, INDIAN OIL CORPORATION LIMITED, D.NO. 8-115/1, 1ST FLOOR, M.M COMPLEX, R.C. ROAD, ROYAL NAGAR, TIRUPATI.

3. THE SALES OFFICER, INDIAN OIL CORPORATION LIMITED, KURNOOL-1 RSA (TIRUPATI DO), D.NO. 8- 115/1, 1ST FLOOR, M.M COMPLEX, R.C. ROAD, ROYAL NAGAR, TIRUPATI

4. BOYA VENKATESWARLU, S/O. SOMANNA, AGED ABOUT 54 YEARS, R/O. KODUR VILLAGE, SANDI ATMAKUR MANDAL, KURNOOL DISTRICT ...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an appropriate writ, order or direction more particularly one in the nature Writ of Mandamus, declaring the inaction of the respondent corporation in not directing the 4th respondent to locate the retail outlet as specified in the advertisement dated 25.11.2018 even though 4th respondent is proceeding to construct the outlet in Sy.No. 23 of Boyannapalle Village abutting State High way, as illegal, arbitrary and consequently direct the respondent corporation to take steps for location of the retail outlet by 4th respondent as specified in the advertisement and pass IA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of construction of retail outlet by 4th respondent in Sy.No. 23 of Boyannapalle Village abutting State High way which is contrary to the location specified in the advertisement dated 25.11.2018 by the respondent corporation pending disposal of the above writ petition and pass Counsel for the Petitioner:

1. K RATHANGA PANI REDDY Counsel for the Respondent(S):

1. ANANTA VENKATA DURGA RAO

2. VENKATA DURGA RAO ANANTHA The Court made the following:

HON’BLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION No.2693 of 2019

ORDER:

This Writ Petition has been filed seeking to declare the action of respondent corporation in not directing 4^th respondent to locate the retail outlet as specified in the advertisement dated 25.11.2018 even though 4^th respondent is proceeding to construct the outlet in Sy.No.23 of Boyannapalle village abutting State High Way, as illegal and arbitrary and consequently direct the respondent corporation to take steps for location of the retail outlet by 4^th respondent as specified in the advertisement.

2. Case of the petitioner is that petitioner is the HP retail outlet dealer for selling diesel and petrol pursuant to the license granted on 05.07.2012 by the Hindustan Petroleum Corporation Limited. Its retail outlet is located in Ramallakota village abutting R & B road leading to Bethamcherla, Kurnool District. Respondent Corporation issued an advertisement dated 25.11.2018 calling applications for appointment of dealer of retail outlet at Ramallakota village (not on NH/SH Veldurthy Mandal). The said advertisement is very clear that the retail outlet cannot be located on the National High Way or State High Way. Respondent Corporation selected 4^th respondent for the dealership, but 4^th respondent, by violating the location specified in the notification, is making hectic efforts to construct his retail outlet on the State High Way No.31 in a site situated in Sy.No.23 of S.Boyannapalli village, Veldurthy Mandal, Kurnool District, which is very near (about 6 or 7 furlongs) to t