Telangana High Court
WP/24360/2004 of Smt. E.Vijaya Durga Vs The Secretary, Department of Petroleum and Natural Gas, on 31 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 24360 of 2004 Between: Smt. E. Vijaya Durga, W/o Sambasiva Rao, Flat No.401, Neeraj
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 24360 of 2004
Between:
Smt. E. Vijaya Durga, W/o Sambasiva Rao, Flat No.401, Neeraj Apartments, RoadNo.5, Mahindra Hills, Secunderabad.
..... PETITIONER
AND
1.. The Secretary,
Department of Petroleum and Natural Gas, Union Government of India, Shastry Bhavan, New Delhi
2.. I.B.P. Company Limited,
10, Mayor Ramanathan Street, Chetput,
Chennai, Rep by its General Manager
3.. The Divisional Manager,
I.B.P. Company Limited, D.No.9/1/83 & 84
Amarchand Sharma Complex, SD Road, Secunderabad
....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue an appropriate Writ, order or direction more particularly, one in the nature of aWrit of Mandamus ( a) to declaring the action of 2[nd] and 3[rd] respondents inconducting the interviews on 29-11-2004 relating to contract of maintenance ofhandling of I.B.P. Retail Outlet, Begumpet, Hyderabad, contrary to the guidelinesand parameters issued by the Ministry, Union Government of India, vide letter NO.P-19012/116/99-IOC dated 4-10-1999 and (b) to consequently set aside the so calledinterviews held on 29-11-2004 (c) to declare the action of the respondents in taking steps to evict the petitioner from IBP Retail Outlet, Begumpet, Hyderabad withoutconsidering the representation dated 20-12-2004 made by her for extension ofcontract and without selecting the candidate as per the above guide lines issued bythe Ministry, Union Government of India, Vide letter No.P-19012/116/99-IOC dated4-10-1999 as illegal, arbitrary, violation of guidelines and parameters and againstthe principles of natural justice, and (d) to consequently direct the respondents tocontinue the petitioner to operate the said IBP retail outlet, Begumpet, Hydeerabad ,and (e) and to pass such other order or orders as this Hon’ble Court may deem fitand proper in the circumstances of the case.
Counsel for the Petitioner:MR.KANAKAMEDALA RAVINDRA KUMARCounsel for the Respondents: MR.DEEPAK BHATTACHARJEE
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ORDER:
The present writ petition is filed questioning the action of the respondents 2 and 3 inconducting interviews on 29-11-2004 relating to contract of maintenance of handlingof I.B.P. Retail Outlet, Begumpet, Hyderabad contrary to guidelines and parametersissued by the Ministry, Government of India vide letter No.P-19012/116/99-IOCdated 4-10-1999.
This Court by order dated 27-12-2004 directed the parties to maintain status quo andthereupon the matter underwent two adjournments. Today, when the matter is takenup, learned Standing Counsel for respondents 2 and 3 submitted that the selectionprocess itself is cancelled and the respondent company has taken a policy decisionto run the subject petroleum bunk on its own. Learned Standing Counsel also filedan affidavit sworn by the third respondent to that effect. The operative portion, readsas under; “I respectfully submit that, I have received instructions from my superior authorities inthe Head office and Regional Office to state that, the interviews conducted forselection of maintenance and handling contractors on 29-11-2004 and therecommendation of the selection committee pursuant to the said interview arecancelled.
In view of the policy decision taken by the respondent companyto run the subjectpetroleum bunk on its own, no further orders are required to be passed in the presentwrit petition. Accordingly, the same is dismissed. However, the petitioner is grantedtime till 3-1-2005 up to 5-00 P.M. to vacate the subject premises and hand over thepossession to the respondent company. If the possession is not handed over withinthe period stipulated, the respondents are at liberty to take over the possession ofthe same. No costs.
____________
N.V.RAMANA,J
31-12-2004
TVK
To
1.. The Secretary,
Department of Petroleum and Natural Gas, Union Government of India, Shastry Bhavan, New Delhi
2.. I.B.P. Company Limited,
10, Mayor Ramanathan Street, Chetput,
Chennai, Rep by its General Manager
3.. The Divisional Manager,
I.B.P. Company Limited, D.No.9/1/83 & 84
Amarchand Sharma Complex, SD Road, Secunderabad 4.2CD copies Form-NIC-OGS/WP{MPL}