Andhra Pradesh High Court - Amravati

Ravipalli Venkata Ramana Murthy, vs Union Government Of India, on 18 May, 2021

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Ss
TUESDAY, THE EIGHTEENTH DAY OF MAY TWO THOUSAND AND TWENTY ONE"
:PRESENT: ai"
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR Merie Bo
WRIT PETITION NO: 8159 OF 2021
Between:

1. Ravipalli Venkata Ramana Murthy, S/o. R. Venkata Jaya Satya Narayana Swamy Aged
about - 54 years, R/o. D.No.10-3-8/31, Flat No.310, Vaisakhi Residency, Aseelametta,

' | Visakhapatnam.

2. Puvvala Mahendra,, S/o. Bhaskara Rao, Aged about - 38 years, R/o.D.No. 49- 53-8/1 5,

- Anjana Towers, B.S. Layout, Visakhapatnam - 13 (Software Engineer Visakhapatnam)

3. Puvvala Ragini, D/o.Bhaskara Rao, Aged about - 32 years, R/o. D.No.49-53-8/i5,
Anjana Towers, B.S. Layout, Visakhapatnam - 13. (Doctor skin specialist
visakhapatnam)

4. Nagireddy Satyaveni,, W/o. N. Sree Ramulu, Aged about - 58 years, R/o. D.No. 48- 5-18,

: Sri Nagar, Near R.T.C, Complex, Visakhapatnam - 16. (House wife)

5. Nagireddy Sree Ramulu,, S/o. N. Narayana Murthy, Aged about - 68 years, R/o. D.No.48-
5-18, Sri Nagar, Near R.T.C. Complex, Visakhapatnam - 16. (Rtd State government
employee police department) .

6. Paladugu Siva Nageswara Rao, , S/o. P. Subbarao, Aged about - 64 years,
R/o.H.No.3/156, Main Road, Near Railway Gate, Tarigoppula Village, Krishna District.
(Business) .

7, Balivada Devi Prasad Patro,, S/o. B.R.L. Narayana Patro, Aged about - 62 years, R/o.
D.No.54-11-62, Sirisha Towers, Maddilapalem, 'Visakhapatnam. (Engineer-
Visakhapatnam urban development authority) )

8. Balivada Ramalingeswara Laxmi Narayana Patro,, S/o. B.V. Apparao Patro, aged about -
89 years, R/o. D.No.54-11-62, Sirisha Towers, Maddilapalem, Visakhapatnam. (Senior ~
citizen)

9. Yellumahanti Venkata Ramana, S/o. Y.Anjaneyulu, Aged about -67 years, R/o. Flat
No.133, Block No.8, Phase-3, Manasarovar Heights, Near Leela Gardens, RTC Colony,
Tirumalagiri, Hyderabad. (Rtd State government employee police department)

'10. Kuppili Vijaya Kumar,, S/o. K.Ananda Rao, Aged about - 42 years, R/o. Flat No.133,

'- Block: No.8, Phase-3, Manasarovar Heights, Near Leela Gardens, RTC Colony,
Tirumalagiri, Hyderabad. (Employee private company)

11. Ippili Venkata Guru Ramprasad,, S/o. I. Ramakoteswara Rao, Aged about - 53 years, R/o.
A-103, Renaissance Park-3, Railway Parallel Road, Malleswaram West, Bangalore
North, Karnataka State. (Deputy general , steel plant visakhapatnam)

12. Lurmnbura Harsha Vardhan,, S/o. L. Chandra Mouleswara Rao, Aged about - 40 years,

' R/o.Flat No.A2-705, Aditya Dsr' Lake Side Apartments, Indira Nagar, Gachibcali,
" Hyderabad. (Doctor)
- 13. Gorla Raj Kishore, , S/o. G. Venkata Ramana Murthy, Aged. about - 64 years, R/o. Flat
No.301, V.V. Towers, K.R.M. Colony, Visakhapatnam. (Software engineer)
Petitioners
AND

i. Union Government of India,, Rep. by its Principal Secretary, Ministry of Petroleum and
Natural Gas, Union Secretariat, New Delhi.

2. Indian Oil Corporation,, Rep. by its Managing Director, 3079/3 J.B.Tito Marg, New .
Delhi.

3. Indian Oil Corporation Limited,, Pipelines Division, Paradip Hyderabad Pipeline Project,
Visakhapatnam, 4th Floor, LIC Annexe Building, Tikkanna Road, Near RTC Complex,

Visakhapatnam-530 004. Rep. by the competent authority.

4. Sri. K.Venkatesu,, Competent Authority, Paradip Hyderabad Pipeline Project,
Visakhapatnam, 4th Floor, LIC Annexe Building, Tikkanna Road, Near RTC Complex,
Visakhapatnam-530 004.

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, Order or Direction preferably a Writ of Mandamus declaring that the impugned
Notification dated 06-09-2017 issued under section 3(1) of the PMP Act 1962 with respect to the
residential plots of the petitioners in Sy.No.75 of Narava Village, Pendurthi Mandal,
Visakhapatnam District A.P., by virtue of which the 4th respondent is appointed as competent
Authority though not qualified, as illegal, arbitrary, Contrary to the directions of the Honorable
Apex court in judgment dated 05-10-2016 rendered in Laljibhai Kadvabhai Savaliya and Ors vs
State Of Gujarat and Ors, reported in 2017 (2) ALD Page 118 (SC) and in violation of provisions
of the said Act, Articles 14, 21 and 300-A of the Constitution of India and consequently set aside
the same and direct the respondents to restrain from laying any pipeline or from interfering with
peaceful possession and enjoyment of the petitioners over their respective plots in the said land

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 stay of all further proceedings pursuant to
the notices issued by the respondent no.3 on various dates under section 3(2) of the PMP Act
1962 with respect to the plots of the petitioners in Sy.No.75 of Narava village, Pendurthi
Mandal, Visakhapatnam District pending disposal of the main writ petition No. 8159 of 2021, on
the file of the High Court, in the interest of justice.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in
support thereof and upon hearing the arguments of Sri MS R CHANDRA MURTHY Advocate
for the Petitioners, and of Sri N.Harinath (Asst Solicitor General) Advocate for the Respondents
and the Court made the following:

ORDER

(Proceedings taken up through video conferencing)

"Heard Sri M.S.R.Chandra Murthy, learned counsel for the petitioners.

The short question that arises for consideration is whether the 4th respondent is competent to hear the objections raised by the petitioners under the Petroleum and Minerals Pipeline Act, 1962. , ,

On the last occasion, when the matter came up, the respondents were directed to file counter. Though a counter is said to have been filed, the same is not available. This being a Vacation Court, question of adjourning the matter again and again may not be proper.

Having regard to the above, the fourth respondent shall proceed with the enquiry by calling for the objections/accepting the objections submitted/giving an opportunity of hearing if required, but shall not pass any order for a period of six (6) weeks.

Post on 18.06.2021."

SD/- E. KAMESWAR RAO

DEPUTY REGISTRA HTRUE COPY//

SECTION OFFICER

To,

1. The Principal Secretary, Ministry of Petroleum and Natural Gas, Union Secretariat, Union Government of India, New Delhi. (by RPAD)

2. The Managing Director, Indian Oil Corporation, 3079/3 J.B.Tito Marg, New Delhi. (by RPAD)

3. The Competent Authority, Indian Oil Corporation Limited,, Pipelines Division, Paradip Hyderabad Pipeline Project, Visakhapatnam, 4th Floor, LIC Annexe Building, Tikkanna Road, Near RTC Complex, Visakbhapatnam-530 004. (by RPAD)

4. Sri K.Venkatesu, Competent Authority, Paradip Hyderabad Pipeline Project, Visakhapatnam, 4th Floor, LIC Annexe Building, Tikkanna Road, Near RTC Complex, Visakhapatnam-530 004. (by RPAD)

One CC to SRI. MSR CHANDRA MURTHY Advocate [OPUC] One CC to SRI. HARINATH N (Asst Solicitor General) Advocate [OPUC] One spare copy

ADM

HIGH COURT

CPKIJ

DATED:18/05/2021

NOTE : POST ON 18.16.2021.

ORDER

WP.NO.8159 OF 2021

DIRECTION

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