HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 24421 OF 2014 Date: 02.09.2014 Between :
M/s Bharat Oil Col., Fort road, Warangal, Rep. by its Partners Thoudishetti Narasimha Rao & Thoudishetti Krishna Rao and two others.
And M/s Indian Oil corporation Ltd., Rep. by its Senior Divisional Manager, Balasamudram, Hanamkonda, Warangal.
… Petitioners … Respondent The Court made the following:
THE HON’BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.24421 of 2014 ORDER:
The 1st petitioner was granted license in the year 2000 to establish a retail outlet at Fort Road, Warangal, to sell petrol as well as high speed diesel. Subsequently, the petrol dispensing unit was shifted to Under Bridge Road, Warangal, in the year 2003 and both the units are being operated. The grievance of the petitioners necessitating institution of the Writ Petition is that the Respondent Corporation is not supplying petrol as well as diesel to both the dispensing units from 10.08.2014 without issuing any notice, and such action of the Respondent-Corporation is illegal.
2. Learned counsel for petitioners contended that the Respondent- Corporation could not have denied the stoppage of supply of petrol as well as diesel without putting the petitioner on prior notice.
3. On instructions, learned standing counsel for the Respondent- Corporation submits that so far as diesel dispensing unit situated at Fort Road, Warangal, is concerned, the payments from the petitioners’ retail outlet was not proper and therefore the said outlet was now moved into advance payment arrangement category. Thus, the petitioners’ outlet has to pay in advance the requisite amount and on such payment only appropriate stocks would be supplied. The learned standing counsel further submits that if the petitioners’ firm fulfills the formality for supply of the diesel stock, the stock will be released to the petitioners’ retail outlet. Learned standing counsel further submits that in so far as petrol dispensing unit is concerned barricades are erected making it impossible to dispense petrol. There appears to be some internal dispute among the family members. No effort is made by the petitioners to get the stock of petrol since 10.08.2014. It is open for the family members to negotiate with the Respondent-Corporation. Learned counsel for the petitioners disputes the said assertion.
4. In view of the above submissions, the Writ Petition is disposed of as under:
It is open to the petitioners to make appropriate representation with reference to the release of petrol to the petitioners’ retail outlet, located Under Bridge Road, Warangal, and if such a request is made, the Respondent-Corporation shall consider and take appropriate steps as warranted in terms of the agreement between the petitioners and the Respondent-Corporation. In view of the statement of the learned standing counsel with reference to the supply of diesel, as and when the advance payment is made by the petitioners’ outlet in the fulfillment of required formalities for the supply of diesel, the Respondent-Corporation shall supply without delay.
5. With the above observation the Writ Petition is disposed of. The miscellaneous petitions pending, if any, shall also stand disposed of. There shall be no order as to costs.
P NAVEEN RAO, J DATE: 02.09.2014
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HONOURABLE SRI JUSTICE P. NAVEEN RAO Ssv WRIT PETITION No. 24421 of 2014 Date: 02.09.2014