HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2026 of 2014 Date:13.11.2014 Between:
Shiridi Sai Indana Gas Agency, reptd by its Partner-M.Keshava Kishore . Petitioner And:
The Govt of A.P., reptd by its Secretary, Consumer Affairs, Food and Civil Supplies (CS.I) Department, Hyderabad and five others.
. Respondents Counsel for the Petitioner: None appeared Counsel for Respondent Nos.1 to 5: AGP for Civil Supplies (Andhra Pradesh) Counsel for Respondent No.6: None appeared The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of respondent No.3 in reducing the gas connections under 'Deepam Scheme', vide his proceedings No.Supdt./2425-A(1)Deepam/2012, dated 22.12.2013, as illegal and arbitrary.
At the hearing, there is no representation for the petitioner. I have heard learned Assistant Government Pleader for Civil Supplies (Andhra Pradesh) and perused the record.
The petitioner holds an LPG agency from Indian Oil Corporation Limited. Under proceedings No.Supdt./2425- A(1)Deepam/2012, dated 17.11.2013, of respondent No.3, the gas connections were allocated for the year 2013-14, in which the petitioner was allocated 250 gas connections. However, by the impugned proceedings, dated 22.12.2013, the gas connections were reduced to 104 and the balance connections were allocated to respondent No.6. This action is assailed in this Writ Petition.
Respondent No.4 filed a counter-affidavit, wherein he sought to justify his action in reducing the number of gas connections to the petitioner.
The sum and substance of the stand of respondent No.4 in his counter-affidavit is that when gas connections were initially allocated on 17.11.2013, no specific requisition was made by the Minister of Endowments, who also happened to be an MLC, for Mandal wise allotment and that thereafter, on the representation of the Minister of Endowments to the effect that no allotments were made to cater the needs of Vontimitta Mandal, the allocations were revised in order to make an equitable allocation among the Gas agencies of all the Mandals in Rajampet Assembly Constituency and also to ensure that Oil Company wise allocations were made. It is further stated that due to lack of clarity on the respective jurisdictions of the MLCs, who are seven in the District, 2000 'Deepam' connections, which were sanctioned under the MLC quota, were not properly allocated in the year 2013-14 and that subsequently, the allocations had to be reduced in order to address the above-mentioned administrative needs.
No reply-affidavit is filed controverting the averments made in the counter-affidavit.
In my opinion, if re-allocation of gas connections was necessitated on account of administrative exigencies, the petitioner cannot legitimately complain of such re- allocation, even if the same has resulted in reduction of the connections. As the action of respondent No.3 appears to be impelled by administrative need, this Court has no reason to interfere with such administrative decision in exercise of jurisdiction under Article-226 of the Constitution of India.
For the above-mentioned reasons, the Writ Petition is without any merit and the same is, accordingly, dismissed.
As a sequel, interim order, dated 03.02.2014, is vacated and W.P.M.P.No.2447 of 2014 is dismissed as infructuous.
13th November 2014 DR JUSTICE C.V.NAGARJUNA REDDY