Muppiri Venkata Bhaskararao, vs Bharat Petroleum Corporation Ltd
2024 Latest Caselaw 725 AP

Andhra Pradesh High Court - Amravati

Muppiri Venkata Bhaskararao, vs Bharat Petroleum Corporation Ltd on 25 January, 2024

        HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
             MAIN CASE: WRIT PETITION No.1838 of 2024
                             PROCEEDING SHEET

Sl.                                                                            OFFICE
No.   DATE                                 ORDER                                NOTE

01. 25.01.2024 NJS,J
                                W.P.No.1838 of 2024
                       Heard Sri N.Ashwani Kumar, learned
                counsel       for    the     petitioners.       He    made
                submissions with reference to the material on
                record and contentions raised in the writ
                affidavit.
                       He      submits       that     1st       respondent-

Corporation though pursuant to the lease deed dated 24.10.1961 executed for a period of thirty years, was required to vacate the subject matter premises, where the petroleum outlet is situated, it successfully continued in the lease premises upto 2021 by virtue of the judgment and decree passed in A.S.No.367 of 1995 on the file of the Court of Senior Civil Judge, Gurazala.

Be that as it may. He submits that the 9th petitioner was granted a licence on 30.11.2018 to continue the business operations and the said licence was expired on 30.11.2023.

He submits that the 1st respondent neither vacated the premises nor at least renewed the license. He further submits that the 9th petitioner is disabled from doing the business operations and the 1st respondent is taking steps to create third party interest over

W.P.No.of 1838 of 2024 the subject matter property by granting Dispensing Pump and Selling Licence (DPSL) to third parties, in the event of which the petitioners' rights would be seriously affected.

By placing reliance on the decision of the Hon'ble Supreme Court in National Company, Rep: by its Managing Partner v. The Territory Manager, Bharat Petroleum Corporation Limited, (2021) 13 SCC 121, learned counsel seeks appropriate interim relief as prayed for.

On the other hand, Mr.V.V.Satish, learned counsel appearing on behalf of the 1st respondent on instructions submits that no coercive action/steps to cancel the licence of the 9th petitioner are initiated. In fact, he submits that the 1st respondent is willing to renew the licence of the 9th petitioner, in respect of the very same premises and negotiations would be initiated, in this regard.

Recording the said submissions, list the matter on 19.02.2024 in the 'Motion list'.

Pending further consideration, the 1st respondent shall continue to supply all petroleum products to the 9th petitioner to enable it to operate the subject matter petroleum outlet.

_______ NJS,J KBN