THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.29667 of 2014 Dated : 07.10.2014 Between:
Totakura Srinivasa Rao S/o.Krishna Rao, Aged about 41 yrs, Occu : Ex.Serviceman, R/o.D.No.2-389, Nagaram Post and Mandal, Guntur District .. Petitioner And Hindustan Petroleum Corporation Limited, (Government of India Enterprises), Regd. Office 17, Jamsthalji Tata road, Mumbai-400020, Maharashtra State, Rep., by its Managing Director & another .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.29667 of 2014 ORDER :
On 31.12.2012, three petroleum companies have issued notifications calling for applications for enlistment as LPG Distributors at various places in the erstwhile State of Andhra Pradesh. The petitioner is one of the applicants for dealership at Nagaram Mandal, Guntur District. The notification requires submission of documents to the effect that the applicants must possess land for establishment of a godown as well as office. In case, if the applicants obtain lease of the property, the lease agreement has to be registered and the lease should be for a minimum period of 15 years. The petitioner obtained lease agreement on 23.01.2013 of the property for a period of 15 years and the same was enclosed to the application. However, the notification dated 31.12.2012 was superceded and the respondent Oil Companies have issued a fresh advertisement on 15.09.2013. The advertisement incorporates similar clause. The petitioner again applied for the same location enclosing a copy of the lease agreement which was obtained by him on 23.01.2013. On scrutiny of the application submitted by the petitioner, by a letter dated 09.09.2014, the petitioner was informed that lease has to be for a period of minimum 15 years; whereas, the agreement enclosed to the application was entered on 23.01.2013 and was valid for a period of 15 years from that date, which would be falling short by eight months. Therefore, a clarification was sought from him on this issue. Challenging the letter dated 09.09.2014, this writ petition is instituted.
2. Learned Standing Counsel for the respondents submits that as the earlier notification was superceded by fresh notification dated 15.09.2013, not only incorporating Nagaram Mandal, but several other locations were also added and it being a new notification, as per the notification 15 years lease has to be obtained from the date of submission of application and as the petitioner has submitted his application after 15.09.2013, the 15 years lease period mentioned in the agreement dated 23.01.2013 does not satisfy the requirement of the notification dated 15.09.2013. He therefore submits that there is no illegality in asking the petitioner to comply with the requirement.
3. He further submits that the respondent-Corporation is not concerned as to when the lease agreement is obtained. But it is mandatory that such lease should be for a period of 15 years from the date of submission of application for grant of dealership and as the lease period was falling short of requirement, the petitioner was put on notice to comply with the requirement and that the petitioner was given sufficient time.
4. At this stage, learned counsel for the petitioner submits that if some more time is granted to the petitioner, he would obtain supplementary lease agreement covering the balance period of lease so that the total period of lease would be 15 years.
5. It is seen from the facts on record that when first notification was issued on 31.12.2012, the petitioner took the concerned land/premises on lease for the purpose of establishment of godown and office on 23.01.2013 and as required by the notification dated 31.12.2012, the lease obtained by him was for 15 years. Unfortunately, the notification dated 31.12.2012 was cancelled and a revised notification was issued on 15.09.2013 which also enlisted Nagaram Mandal location to which the petitioner earlier applied. As the earlier application was not considered, the petitioner has submitted a fresh application enclosing the same lease deed.
6. In the peculiar facts of this case, the writ petition is disposed of granting liberty to the petitioner to obtain supplementary lease covering the balance period for computing 15 years from the date of submission of application to the notification dated 15.09.2013. If the petitioner submits the supplementary lease agreement, within a period of two weeks from today, the same shall be considered treating the period of lease as 15 years and his application may be processed if it is otherwise in order. There shall be no order as to costs.
7. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO,J 07th October, 2014 Note : Issue C.C. today B/o.
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