Andhra Pradesh High Court - Amravati
N. Hemalatha, vs State Of Andhra Pradesh, on 12 February, 2024
[ 3329 ]
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
MONDAY ,THE TWELTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 3138 OF 2024
Between:
1. N. Hemalatha,, W/o Sri Venkata Srinivasa Reddy, Age- 33 Years, Occ- House
Wife R/o D.No. 2-17, Mogalipalem - 533 468, Kajuluru Mandal, Kakinada
District
...PETITIONER(S)
AND
1. State of Andhra Pradesh, rep. by its Ex-Officio Secretary - Cum - Commissioner
of Civil Supplies Consumer Affairs, Food and Civil Supplies (CS.I) Dept., A.P.
Secretariat, Velagapudi - 522 503, Guntur District
2. The Joint Collector/Collector, Civil Supplies Kakinada District at Kakinada -
533 001
3. The District Supply Officer, Kakinada District at Kakinada - 533 001
4. The Divisional Retail Head, Visakha Divisional Office, Indian Oil Corporation
Ltd., LlC Building, 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
tomay be pleased to issue a Writ, Order or direction more particularly one in the
nature of Writ of Mandamus declaring the action of the Respondents in proposing
to grant No Objection Certificate (NOC) to grant Form - B License under
A.P.Petroleum Products (Licensing and Regulation of Supplies) Order, 1980 for
setting up a retail outlet to sell Motor Spirit (MS) and High Speed Diesel Oil (HSD) /
Compressed Natural Gas (CNG) at Sy.No. 74-3A of Gollapalem illage, Kajuluru
Mandal, Kakinada District, which is abutting the Village tank as illegal, arbitrary
and in violation of the guidelines for setting up of new petrol pumps issued by the
Central Pollution Control Board and consequently direct the respondent to consider
the objections filed by the petitioner dated 29-01-2024 in Spandana against the
granting of No Objection Certificate (NOC) for the proposed retail outlet at Sy.No.
74-3A of Gollapalem Village, Kajuluru Mandal, Kakinada District and pass
IA NO: 1 OF 2024
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 may be
pleased to direct the 2nd respondent not to grant 'No Objection Certificate' (NOC)
for establishment of retail outlet at Sy.No. 74-3A of Gollapalem Village, Kajuluru
Mandal, Kakinada District, pending disposal of the present writ petition and pass
Counsel for the Petitioner(s):SRI. N SIVA REDDY
Counsel for the Respondents: GP FOR CIVIL SUPPLIES
The Court made the following:
1. Heard learned counsel for the petitioner and learned
Government Pleader for Civil Supplies for the respondents.
2. Learned counsel for the petitioner submits that the
petitioner herein is the absolute owner and possessor of the land
admeasuring to an extent of Ac.0.92 cents situated in Sy.No.68-
3A, Gollapalem Village, Kajuluru Mandal, Kakinada District and
she has been cultivating the said land and eking out her
livelihood. He further submits that the subject land is abutting to
the 'Oora Cheruvu' existing in an extent of Ac.1.00 cents situated
in Sy.No.74-1 of Gollapalem Village, Kajuluru Mandal, Kakinada
District, which is an irrigation source for the agricultural lands
which are situated in and around the tank.
3. While things stood thus, the 4th respondent herein
submitted an application to the 2nd respondent herein for granting
No Objection Certificate (NOC) for establishment of a retail outlet
to sell Motor Spirit (MS) and High Speed Diesel Oil (HSD) /
Compressed Natural Gas (CNG) in Sy.No.74-3A of Gollapalem
Village, Kajuluru Mandal, Kakinada District, which is earmarked
as tank. In view of the same, the petitioner herein submitted her
representation/ objection on 29.01.2024 canvassing that the
proposed subject land is classified as water body and no
permissions can be granted for any conversion of the subject land
as per the guidelines issued by the Central Pollution Control
Board vide circular dated 16.08.2021 pursuant to the judgment
rendered by the National Green Tribunal on 23.07.2020 and
09.10.2020 in Suresh Mandaloi Vs.State of Madhya Pradesh
and others (O.A.No.61 of 2019(CZ)). He further submits that
even though the objections dated 29.01.2024 are pending for
consideration, the authorities are taking steps for grating NOC for
construction of retail outlet in favour of the 4th respondent.
Aggrieved by the same, the petitioner filed the present writ
petition.
4. On the other hand, learned Government Pleader for Civil
Supplies furnished written instructions dated 07.02.2024,
wherein, it is submitted that since the petitioner submitted
objections dated 29.01.2024 before the 2nd respondent, who is the
competent authority for consideration of the representation/
objections of the petitioner while granting NOC, the said
representation/ objection can be considered by the authorities
concerned as per the guidelines in vogue, within a reasonable
time.
5. Having regard to the submissions made by the learned
counsel for the petitioner and learned Government Pleader for
Civil Supplies for the respondents and on perusal of the material
placed on record, without going into merits of the case and also in
view of the written instructions dated 07.02.2024, this Court is of
the considered view that the present writ petition can be disposed
of, directing the 2nd respondent to consider the representation/
objections dated 29.01.2024 before granting NOC for construction
of retail outlet as requested by the 4th respondent, after providing
opportunity of hearing to the petitioner as well as other stake
holders along with the 4th respondent herein, within a reasonable
time.
6. Accordingly, the writ petition is disposed of. There shall be
no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in
the writ petition shall stand closed.
______________________________________
VENKATESWARLU NIMMAGADDA, J
BSP
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
BSP
