HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 10110 OF 2007 DATED 24th December, 2014.
BETWEEN Sri Visakha Deep Sea Fishing Technocrats Cooperative Marketing Ltd., Fishing Harbour, Visakhapatnam, Rep. by its President Capt. N.Venkateswarlu ….Petitioner And Government of Andhra Pradesh, Animal Husbandry, Dairy Development and Fisheries (Fish.I) Department, secretariat, Hyderabad Rep. by its Spl.Chief Secretary to Government and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 10110 OF 2007
ORDER:
Heard learned Counsel for the petitioner and learned Government Pleader for the respondents.
This Writ Petition was filed challenging deletion of name of the petitioner from the approved list of outlets annexed to G.O.Ms.No.40, dated 21.03.2007 for supply of subsidized diesel to the fishing boats.
The petitioner is a society registered under the provisions of the A.P. Cooperative Societies Act, having registered on 12.07.1986. The Government of Andhra Pradesh in order to support the boat operations in fuel costs has exempted the sales tax and also enhanced the diesel subsidy to the fishermen who were using mechanized boats and thereafter it has issued G.O.Rt.No.31 dated 23.01.2003 identifying certain petrol bunks (outlets). Subsequently the Government issued G.O.Rt.No.394 dated 16.10.2003 according permission for supply of diesel to the registered mechanized and motorized boats through the 47 outlets listed in the annexure to the said order. The name of the petitioner-Society was shown at Serial No.2. After reviewing the performance, the Government issued G.O.Ms.No.40, dated 21.03.2007 identifying 29 private HSD oil outlets in addition to AFCOF outlets, however, the name of the petitioner does not figure in the said list. Challenging the same, the present Writ Petition was filed.
A counter affidavit is filed stating that the Commissioner of Fisheries received the performance of the private outlets regarding non-utilization of certain outlets by the fishermen which are away from the landing centers and allegations against certain outlets. Out of 60 outlets reviewed, 19 outlets are functioning satisfactorily catering to the need of the fishermen. 26 outlets are away from the fish landing centers and not being utilized by the fishermen. In respect of the remaining15 outlets which are functioning in the vicinity of AFCOF outlets which include the petitioner’s outlet, certain serious allegations regarding supply of adulterated HSD were received and thereby 41 outlets were recommended for deletion.
In view of the averments in the counter affidavit, it is clear that the Government issued G.O.Ms.No.394, dated 16.10.2003 according permission for supply of HSD oil through the 47 outlets in addition to the AFCOF outlets at Visakhapatnam, Kakinada and Nizampatnam to extend the benefit of subsidy scheme to the mechanized and motorized fishing boats. After reviewing the performance of the private outlets, the Government issued the impugned Government Order deleting the names of the petitioner and other outlets. In view thereof, it cannot be said that the petitioner has right or claim for inclusion of its name in the approval list. In any event the Said Government Order was issued way back in the year 2007 and subsequently new Government Orders might have come in regard thereto. Considering the same, the petitioner is given liberty to make a representation to the concerned authorities to consider its case and the respondent authorities after considering the case of the petitioner shall pass appropriate orders thereon in accordance with law.
The Writ Petition is disposed of accordingly. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 24th December, 2014. Msnrx