THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36397 of 2014 Dated : 28.11.2014 Between:
M. Aravind Kumar S/o.M. Narasimha Reddy, Aged 35 yrs, Occu : unemployed, R/o.Plot No.119, Durganagar Colony, Karmanghat, Bairamalguda, Hyderabad.
.. Petitioner And Bharat Petroleum Corporation (LPG), LPT Distributor Selection Cell, Reliance Humsafar Building, 2nd Floor, No.8-2-618/2, Road No.11, Banjara Hills, Hyderabad, Rep., by its Chief Manager & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36397 of 2014 ORDER :
The respondent-Corporation has published an advertisement on 15.09.2013 calling for applications for enlistment of regular LPG Distributors in various parts of erstwhile State of Andhra Pradesh. One of the locations identified was at Nagarkurnool in Mahaboobnagar District. As per the notification the selections are governed by Brochure on Guidelines for Selection of Regular LPG Distributors, August, 2013. One of the requirements to be fulfilled by an applicant was that the person should own plot of land with a minimum dimensions of 25 x 30 M within 15 km radius, for construction of LPG Godown for storage of 8000 Kg of LPG cylinders or a ready LPG cylinder storage godown with same dimensions and same capacity. It further mandates that the plot of land or ready LPG cylinder storage godown should be freely accessible through all weather motorable approach road whether it is a public road or private road connecting to the public road. In case of private road connecting to the public road, the same should belong to the applicant as per the ownership criteria defined. This condition is imposed in clause 7.1(x) of the Brochure. The petitioner herein, is one of the applicants for the said location and having prima-facie satisfied with the requirements, he was subjected to selection by draw of lots and in the draw of lots conducted in pursuant to the notification the petitioner was found the successful candidate. As per the procedure envisaged after the candidate is identified as successful for establishing a retail outlet, the field verification of site proposed was conducted and in the field verification, it was found that the site offered by the petitioner do not have approach road from the public road and that the remaining portion of the road is not owned by him as required. In view of the deficiency noticed, the candidature of the petitioner was rejected and the petitioner was accordingly informed by a letter dated 01.11.2014 which is impugned in this writ petition.
2. Heard the learned counsel for the petitioner and Sri O. Manohar Reddy, learned Standing Counsel for the respondents.
3. Learned Counsel for the petitioner submits that there is already a road laid which is called canal way from the main road leading from Nagarkurnool to Achampet going through Sy.Nos.379, 378, 371 and so on. From Sy.Nos. 378, 379, 382 & 374, where the site was located, there is an existing cart track, which can be used for the purpose of transportation of cylinders and therefore, the site offered by the petitioner is useful. Learned Counsel placed reliance on the letter issued by the Gram Panchayat dated 10.11.2013 to say that the land which was found and which is called canal way, vests in the Gram panchayat and also the cart track is also in the Gram Panchayat and that the Gram Panchayat is taking steps to lay a Pucca road of 12 feet, as all the owners of the land through which the cart track is passing have agreed for laying the said road and therefore, submits that a Pucca road would be laid and therefore, the property offered by the petitioner fulfills the requirement.
4. During field Inspection, the concerned authority has taken the assistance of Mandal surveyor of Nagarkurnool to survey and to record the physical features. According to the surveyor there is a canal way existing linking to the main road, passing through Sy.Nos.379, 378 and 371 and there is a proposed way from Sy.Nos.378 to 382. According to the surveyor report, it does not indicate that there exists even a cart road. However, assuming that the contents of letter of the Gram Panchayat are valid, even according to this letter, it is only a cart way. Whereas, what is required according to Para 7.1(x) of Brochure is freely accessible through all weather motorable approachable road. The cart track cannot be treated as all weather motorable approach road even assuming if such cart track exists.
5. The viability of the track that exists or otherwise is for the respondent- Corporation to consider. The respondent-Corporation conducted field inspection and found that the property offered by the petitioner for establishment of retail LPG godown is not suitable. No other material is placed on record to show that such a decision was erroneous and was arrived at without proper field verification or in an arbitrary manner. As noticed above, while conducting field verification, the assistance of Mandal Surveyor was taken and the sketch map of Mandal surveyor is placed on record. Therefore, I see no error in the decision arrived at by the respondent-Corporation warranting interference by this Court. Hence the Writ Petition is dismissed. There shall be no order as to costs.
6. Miscellaneous petitions, if any, pending in this Writ Petition shall stand dismissed.
P.NAVEEN RAO,J 28th November, 2014
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