Telangana High Court
WP/23772/2004 of M/s. Murthy Gas Sales AND Service Centre, Vs M/s. Hindustan Petroleum Corporation Ltd., on 30 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 23772 of 2004 Between: 1. M/s. Murthy Gas Sales & Service Centre, HP Gas Distributor,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 23772 of 2004
Between:
1. M/s. Murthy Gas Sales & Service Centre, HP Gas Distributor, 4-4-22, Saipriya Complex, Woodpeta, Anakapalle-531 001, Visakhapatnam District.
being rep. by its Proprietor.
2 Sri B. Radhakrishna Murthy, S/o. Basaveswara Rao, R/o. of Anakapelle, Visakhapatnam District.
AND
..... PETITIONERS
M/s. Hindustan Petroleum Corporation Ltd., (A Govt of India Enterprises)Being rep. by its Chief Regional Manager, Viskh LPG- Regional Office Malkapuram, Visakhapatnam Sri P.V.S. Murthy.
.....RESPONDENT
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleasedto Issue any writ, order or direction more particularly one in the nature of writ ofMandamus declaring the impugned proceedings dt. 17.12.2004 stopping supply of refills ( GAs Cylinders) to the petitionerdistributor, and not allowing to continue the works in the godown and showroomfrom 18.12.2004 and high handedly putting seal on the lock of me to the godownas illegal a arbitrary capricious, unjust, unwarranted and violative of principlesof natural justice, fair play and without jurisdiction during the subsistence ofdealership of the petitioner and consequently to direct the respondent to allow the petitioner to carry on the works in the godown and showroom in terms ofthe direction dt. 22.11.2004 and continue supply of the refills to enable thepetitioner to carry on the business or to pass any other order.
Counsel for the Petitioners: SMT.N.(P).ANJANA DEVI, SATYANARAYANA
Counsel for the Respondent: MR.D.V.SITARAMAMURTHY
The Court at the admission stage, made the following :
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 23772 of 2004
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ORDER:
Heard the learned counsel for the petitioners and the learned standingcounsel for the respondent-Corporation.
2 . When the matter is taken up for hearing, learned counsel for thepetitioners submitted that the petitioner would carry out the repairs of thegodown within one month after observing necessary safe practices and beforeundertaking any civil works.
3 . The learned standing counsel for the respondent-Corporationsubmitted that the Corporation does not have any objection for carryout therepairs of the godown. He further submitted that all the equipment in thegodown shall be handed over to the respondent-Corporation before taking thecivil works and the cylinders will be returned to the petitioner after theinspection to be conducted by the officials, and order for supply of refills (GasCylinders) will be issued thereafter.
4 . Recording the submissions made by the learned counsel for theparties, the writ petition is disposed of. It is made clear that the authorities ofthe respondent-Corporation shall take steps for removing the seals for thepurpose of handing over the explosive subsistence to the respondent-Corporation. In the circumstances, there shall be no order as to costs.
December 30, 2004
Note:
Issue C.C. today.
B/o.
Kvr.
___________________
1. The Chief Regional Manager,
M/s. Hindustan Petroleum Corporation Ltd., (A Govt of India Enterprises)The Chief Regional Manager, Viskh LPG- Regional Office Malkapuram, Visakhapatnam Sri P.V.S. Murthy.
2. 2 C.D copies.