Andhra Pradesh High Court - Amravati
M. Himachalam Babu, vs Union Of India, on 30 June, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISIDICTION)
WEDNESDAY, THE THIRTEITH DAY OF JUNE
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION NO: 23519 OF 2020
Between:
1. M. Himachalam Babu, S/o. M. Varadarajulu.
2. N. Gopi Krishna, S/o. N. Venugopal.
3. G. Kannaya, S/o. G. Krishnayya.
4, S. Balaji, S/o. Desi Reddy.
5. M. Thangarajan, S/o. K. Nagoor Pillai,
°. P, Hema Kumar, S/o. P. Doraswamy.
8
9
4
1
. P. Lokanatham, S/o. P. Krishnaiah.
. T. Gurunatham, S/o..T. Murugaiah.
. M. Sadhguna, Wio Kuppaiah.
0.G. Prasad, S/o. G. Munikrishnaiah.
1.P. Subramanyam, S/o. P. Venkaratlinam.
12.M. Vasu alias Venkataiah, S/o. Venkataswamy.
13.K. Thulasi, S/o. K. Munirathnam. |.
14.S. Hari Prasad, S/o. S. Venkat Rayulu.
15.5. Munuswamy, S/o. S. Sampath.
16.M. Kannayya, S/o. Mariah.
17.M. Ramesh Reddy, S/o. N. Muthyalaiah.
18.Lakshmaiah, S/o. Govindaiah.
19.R. Prakash, S/o. R. Nagaraju.
20.P. Purushottam, S/o. P. Krishnaiah,
21.M/s. Bhanadaya Petroleum Products, indian Oil Corporation
Limited, Represented by its Proprietor, Smt. M.D. Indumathi,
Wo. K.J. Pradeep.
Petitioners
AND
1, Union of India, Rep. by its Secretary, Ministry of Petroleum and Natural Gas,
Sasthry Bhavan, New Delhi.
2. Bharat Petroleum Corporation Limited, Represented by its Chairman and
Managing Directar, R/o. Bharat Bhavan, 4 and 6 Currimbhoy Road, Ballard
Estate, Mumbai, Maharashtra.
3. Petroleum and Explosives Safety Organisation, Department for the Promation of
Industry and Internal Trade, Ministry of Commerce and Industry, Represented by
its authorised officer, Nagpur, Maharashtra.
The Territory Manager (Retail), Bharat Petroleum Corporation Limited, R/o.
D.No.24/1628, ist Floor, S.M. Towers, Dargamitta, Nellore.
Deputy Chief Controller of Explosives, C 2-lllrd Floor, CGO Complex, Kakkanad,
Visakhapatnam.
The District Collector, Chittoor District.
The Superindentent of Police, Chittoor District.
The Joint Collector, Chittoor.
The Revenue Divisional Officer, Chittoor, Chittoor District.
10. The Tahsildar, Puttur Mandal, Chittoor District.
11. District Fire Officer, Chittoor, Chittoor District.
12.Puttur Fire Station, Rep by its Station Fire Officer, Sriram Nagar, Puttur, Chittoor
District.
ONG a #
conan Respondents
o
co
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, order or direction mostly one which is in the nature of a Writ
of Mandamus declaring the action of the Respondents in issuing No Objection
Certificate vide REV-CSECOPAR(NOC)/94/2019, dt.1.6.2020 of the 8th Respondent to
set up Petroleum Retail Outlet of the 2°? Respondent in the land belonging to 12th
Respondent, situated in Survey No.1/6, Puttur Village and Mandal, Chittoor District as
legal, irregular, arbitrary, unjustified and unsustainable, violative of Article 14, 19(1)(g)
and Article 21 of Indian Constitution, contrary to Rules and Regulations under
Petroleum Act, 1934 and set-aside the same.
The petition coming on for hearing and upon perusing the petition and affidavit
filed herein and the Orders of High Court dated 10.12.2020, 16.12.2020, 19-01-2021
08-02-2021, 22.03.2021, 08-04-2021 and 28-04-2021 made herein and upon hearing
the arguments of Sri Sodum Anvesha Advocate for the Petitioner, Sri N. Harinath, Asst.
Solicitor General for Respondent No.1, Sri O. Manohar Reddy, Standing Counsel for
Respondent Nos.2 to § and of GP for Home for Respondent Nos.7,11 & 12, the Court
made the following
ORDER:
"Heard learned counsel! for the petitioners and respondents.
Orders Reserved.
Interim order granted earlier is extended till pronouncement of judgment".
SD/-V.SATYANARAYANA
ASSISTANT REGISTRAR
a
FOR ASSISTANT REGISTRAR
HTRUE COPY]
To
One CC to Sri Sodum Anvesha, Advocate [OPUC]
Two CC to GP for Revenue, High Court of AP. at Amaravati
Two CC to GP for Home, High Court of AP. at Amaravati
(on io to Sri N. Harinath, Asst. Solicitor General, High Court of A.P, Amaravatin
U
One CC to Sri O. Manohar Reddy, Standing Counsel (OPUC)
One Spare capy
Fa WN
BY
HIGH COURT
MSM,J
- DATED:30.06.2021
WP.No.23519 of 2020
INTERIM ORDER GRANTED
