Andhra Pradesh High Court - Amravati
Sari Lalitha Devi Gas Agency vs Union Of India on 26 February, 2021
Bench: R Raghunandan Rao
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION) He &
FRIDAY, THE TWENTY SIXTH DAY OF FEBRUARY, E
TWO THOUSAND AND TWENTY ONE 10
:PRESENT:
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
WRIT PETITION NO: 4875 OF 2021
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Between:
Sari,Lalitha Devi Gas Agency, Rep. by it Sole Proprietorship, Mr. K.Rajasekhar, C/o 56-
15-04, Ganapathi Temple Street, Patamata, Vijayawada-520 010
...Petitioner
AND
1. Union of India, Rep.by its Secretary, Ministry of Petroleum and Natural Gases.
New Delhi --
2. Hindustan Petroleum Corporation, Rep.by its Chairman & Managing Director,
Petroleum House, 17 Jamshedji Tata Road, MUMBAI-400 020.
3. The Deputy General Manager, Hindustan Petroleum Corporation Limited.
Vijayawada LPG Regional Office IDA-Kondapalli
4. The Assistant Manager Sales, Hindustan Petroleum Corporation Limited.
Vijayawada LPG Sales
...Respondents
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 to
issue an appropriate writ or order or direction more particularly a writ in the nature of a
writ or Mandamus declaring Mail Communication dt.24-02-2021 (Impugned Notice) sent
by the 4" Respondent to the Petitioner herein to create customer bulk for transfer to
other agencies on the basis of circular vide Ref No. SL/1601, 'Market restructuring
Transfer of customers' dt.4-1-2018 which was declared illegal and quashed by the
Bombay High Court in W.P.8753 of 2018 vide orders dt.30-09-2019 as illegal, arbitrary,
violative of Articles 14, 19(1)(g) and 21 of the Constitution of India and seeking
consequential direction against the respondents not to transfer customer of the
petitioner firm to other agencies.
IA NO: 1 OF 2021
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 direct the
respondents not to take any coercive steps such as transfer of the customers to other
agencies, pending disposal of WP 4875 of 2021, on the file of the High Court. 5
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of Sri Javvaji Sarath Chandra,
Advocate for the Petitioner, the Court made the following.
ORDER:
"The petitioner has an LPG dealership of the 2™ respondent in Vijayawada.
The petitioner claims to have 28000 customers with an average refill sale of 13000
cylinders per month. The petitioner has now approached this Court on the ground
that the 4" respondent had issued a mail dated 24.02.2021 calling upon the
petitioner to create customer bulk of Sanatnagar area to M/S. Durga Sai Gas
Agency and confirm. The petitioner understood this communication to mean that
the 4" respondent is directing the petitioner to transfer the LPG connections
available with the petitioner to M/S. Durga Sai Gas Agency.
Sri Javvaji Sarath Chandra, learned counsel for the petitioner would submit
that this direction is being issued on the basis of a circular dated 04.01.2018,
which has been quashed by the Hon'ble High Court at Bombay by an order dated
30.09.2019 in W.P.N0.8753 of 2018. He would submit that in view of the orders of
the Hon'ble High Court at Bombay, the said circular would stand quashed all over
India. In the circumstances, the direction of the 4'° respondent is without any
basis and has to be interdicted.
Sri B.Mayur Reddy, learned Standing Counsel for the Corporation would
submit that the said mail cannot be construed as a direction to transfer the LPG
connections available with the petitioner to another gas agency. He would submit
that there have been ongoing discussion between the dealers and the petroleum
corporation for the purpose of reorganizing LPG connections whenever new gas
agencies are given. He submits that the petitioner had participated in such
discussions and the impugned mail dated 24.02.2021 was issued in the course of
those discussions.
Sri B. Mayur Reddy would also rely upon a judgment of a single Judge of
the erstwhile High Court for State of Telangana and the State of Andhra Pradesh
dated 13.01.2019 in W.P.No.32909 of 2016 and batch where the Hon'ble High
Court, in a similar case, had declined to interfere with the transfer of LPG
connections to other dealers.
It is the submission of Sri B. Mayur Reddy that as the impugned notice
does not require the petitioner to transfer the LPG connections and is only a
request for information, no further orders may be necessary at this stage and in
fact the writ petition itself is premature.
In view of the contentions raised by both sides, a detailed and --
comprehensive hearing is necessary to determine the issues.
Post this writ petition on 09.03.2021 for filing counter of the respondents.
In the meanwhile, the discussions may go between the petitioner and the
respondents. However, there shall be no transfer of LPG connections of the
petitioner to another gas agency, for a period of three weeks. 4
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| ASSISTANT REGI
ITTRUE COPY//
To,
1. The Secretary, Union of India, Ministry of Petroleum and Natural Gases. New
Delhi
2. The Chairman & Managing Director, Hindustan Petroleum Corporation,
Petroleum House, 17 Jamshedji Tata Road, MUMBAI-400 020.
3. The Deputy General Manager, Hindustan Petroleum Corporation Limited.
Vijayawada LPG Regional Office IDA-Kondapalli
4. The Assistant Manager Sales, Hindustan Petroleum Corporation Limited.
Vijayawada LPG Sales (Addresses 1 to 4 by RPAD) .
One CC to Sri. Javvaji Sarath Chandra, Advocate [OPUC]
_ One spare copy
Dn
MM
/ HIGH COURT
RRRJ
DATED:26/02/2021
NOTE: POST THIS WRIT PETITION ON 09-03-2021
ORDER
WP.No.4875 of 2021
INTERIM DIRECTION
