Disposed

Sri Nallaparaju Suseela v. Union of India

Andhra Pradesh HC8 Jul 2024WP/1859/2024

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh disposed of a writ petition challenging the non-handover of property and the continuance of an explosive retail outlet. Relying on a prior order, the court directed respondent authorities to pass final orders on a show-cause notice within three months regarding the closure of the outlet.

What did the court decide?

Directed respondent authorities to pass final orders on the show-cause notice regarding the closure of the retail outlet after hearing parties within three months; Writ Petition disposed of without co

Sri Nallaparaju Suseela Vs Union of India — Service and Employment | Andhra Pradesh HC (2024)

¶1

1 A

¶2

¶3

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

¶4

(Special Original Jurisdiction)

¶5

TUESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

¶6

PRESENT

¶7

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAQADDA WRIT PETITION NO: 1859 OF 2024 ^

¶8

Between:

¶9

Sri Nallaparaju Sgseela, W/o Sri Venugopala Krishna Adinarayana Raju, Hindu, Age 65 Years, Occ: House Wife, R/o Door No. 34-9-2, Srini Vari Street, Tanuku - 534 211, West Godavari District

¶10

...PETITIONER

¶11

AND

¶12

Union of India, rep. by its Secretary, Ministry of^{PetroleumandNatural} Gas, Sastry Bhavan, Dr. Rajender Prasad Road New Delhi- 110 001,

¶13

Bharath Petroleum Corporation Ltd. (BPCL), BharathBhavan,^4and6 Curriambhoy Road, Ballad Estate, Post Box No. 688,^MUMBAI-400 001 rep. by its Chairman and Managing Director

¶14

The Territory Manager, Bharath Petroleum Corporation^Ltd.Visakha Territory (Retail), P.B.No. 213, Near Naval Dockyard, Visakhapatnam - 530 014.

¶15

The Joint Chief Controller of Explosives, Petroleum and Explosives Safety Organization (PESO), Room No. 602, CGO Towers,

¶16

Kavadiguda, Secunderabad - 500 008

¶17

The Dy. Chief Controller of Explosives, Petroleum and Explosives Safety Organization (PESO) Door No. 7-20-13, Kirlampudi Layout, Visakhapatnam - 530 017

¶18

...RESPONDENTS

¶19

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more

¶20

¶21

¶22

particularly one in the nature of Writ of Mandamus declaring the action 0* the respondents 2 and 3 in not handing over the vacant physical M,; 'possession of the property of an extent of 1113.25 Sq. Meters (12000 Sq.Ft.) in RS No. 34/3 in Karravari Savaram Village, Tanuku and presently in Undrajavaram Mandal, East Godavari District, even after the expiry of the lease period and even after revoking their explosive license by the 4th respondent as illegal, arbitrary and unjust and consequently direct the respondents 2 and 3 herein to vacate and hand over the property of the petitioners of an extent of 1113.25 Sq. Meters (12000 Sq.Ft.) in RS No. 34/3 in Karravari Savaram Village, Tanuku and presently in Undrajavaram Mandal, East Godavari District forthwith.

¶23

lA NO: 1 OF 2024

¶24

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 2 and 3 herein to hand over vacant possession of the petitioners property of an extent of 1113.25 Sq. Meters (12000 Sq.Ft.) in RS No. 34/3 in Karravari Savaram Village, Tanuku and presently In Undrajavaram Mandal, East Godavari District forthwith, pending disposal of the present Writ Petition.

¶25

Counsel for the Petitioner: SRI N. SIVA REDDY ^ Counsel for the Respondent No.1:M/s. M. UMA DEVI (CENTRAL GOVT ; COUNSEL)

¶26

Counsel for the Respondent Nos.2 & 3: SRI S.V.S.S. SIVA RAM Counsel for the Respondent Nos.4 & 5:—

¶27

The Court made the following: ORDER

¶28

APHC010030802024

¶29

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶30

[3329]

¶31

(Special Original Jurisdiction)

¶32

TUESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

¶33

PRESENT

¶34

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

¶35

WRIT PETITION NO: 1859/2024

¶36

Between:

¶37

Sri Nallaparaju Suseela

¶38

...PETITIONER

¶39

AND

¶40

Union Of India and Others

¶41

...RESPONDENT(S)

¶42

Counsel for the Petitioner:

¶43

1.N SIVA REDDY

¶44

Counsel for the Respondent(S):

¶45

1.M UMA DEVI (CENTRAL GOVT COUNSEL)

¶46

2.S.V.S.S.SIVARAM

¶47

The Court made the following:

¶48

ORDER:-

¶49

The present Writ Petition is filed under Article 226^{oftheConstitutionof}

¶50

India, seeking the following relief:

¶51

to issuo a writ or order, orders or directions more particularly one in thp nature of Writ of Mandamus declaring the action of the Respondent Nos.2 and 3 in not handing^overthe vacant physical possession Of the property of an extent^of1113.25 Sq. Meters (12000 Sq. Ft.) in RS No. 34/3 in Karravari^Savaram

¶52

k .-J

¶53

' W

¶54

Village, Tanuku and presently in Undrajavaram Mandal, East Godavari District, even after the expiry of the lease^periodand even after revoking their explosive license by the 4^^ Respondent the as illegal, arbitrary and unjust and consequently direct Respondent Nos.2 and 3 herein to vacate and hand over the property of the petitioners of an extent of 1113.25^Sq.Meters (12000 Sq.Ft.) in RS No. 34/3 in Karravari Savaram Village, Tanuku and presently In Undrajavaram Mandal, East Godavari District forthwith and pass such other order or orders...

¶55

When the matter is taken up for hearing, learned counsel for the petitioner submits that the issue involved in this^writpetition is squarely covered by the order dated 10.05.2023 passed by this^{CourtinWritPetition} No.21855 of 2022. The same is not disputed by learned^Counsel for the Respondents.

¶56

In view of the same, for the reasons alike in the aforesaid^order,this Court, in the interest of justice, deems it appropriate^{todisposeofthisWrit} Petition and the Respondent-authorities are hereby^{directedtopassfinal} orders on the show cause notice bearing No.P/SC/AP/14/1777(P36769), dated 07.07.2023 with regard to closing down of the retail^{outletsituatedat} extent of 1113.25 Sq.meters(12000 Sq.Ft.) in Karrivari RS.No.34/3, over an Savaram Village (Presently in Undrajavaram Mandal,^{EastGodavariDistrict)} and partly in Tanuku Municipality, West Godavari District, after providing heard to the petitioner and concerned parties and opportunity of being

¶57

¶58

¶59

communicate the same to the petitioner within a period of three months from the date of receipt of a copy of this order.

¶60

Accordingly, the writ petition is disposed of. There shall be no order as to cpsts

¶61

As a sequel thereto, interlocutory applications pending, if any in the writ petition, shall also stand closed.

¶62

The Registry is directed to enclose a copy of the order in W.P.No.21855 of 2022, dated 10.05.2023 to this order.

¶63

¶64

//TRUE COPY//

¶65

SD/- K.J.RAJA BABU^ ASSI5TAN1\REGiSTRAR

¶66

SECTI FICER

¶67

To,

¶68

The Secretary, Ministry of Petroleum and Natural^{Gas,UnionofIndia,} Sastry Bhavan, Dr. Rajender Prasad Road New Delhi-^110001,

¶69

The Chairman and Managing Director, Bharath Petroleum^Corporation Ltd. (BPCL),,;BharathBhavan, 4 and 6 Curriambhoy Road,^Ballad Estate, Post Box No. 688, MUMBAI -400 001.

¶70

The Territory Manager, Bharath Petroleum Corporation^Ltd.Visakha Territory (Retail), P.B.No. 213, Near Naval Dockyard, Visakhapatnam - 530 014.

¶71

The Joint Chief Controller of Explosives, Petroleum and Explosives Safety Organization (PESO), Room No. 602, CGO Tpwers,

¶72

Kavadiguda, Secunderabad - 500 008

¶73

The Dy. Chief Controller of Explosives, Petroleum and Explosives Safety Organization (PESO) Door No. 7-20-13, Kirlampudi Layout,

¶74

Visakhapatnam - 530 017

¶75

One CC to Sri N. Siva Reddy, Advocate [OPUC]

¶76

One CC to M/s. M. Uma Devi (Central Govt. Counsel) [OPUC]

¶77

One Cc to Sri S.S.V.S. Siva Ram, Advocate[OPUC]

¶78

Three CD Copies.

¶79

(Along with a copy of the order in W.P.No.21855 of^2022,dated '10.05.2023 to this Order)

¶80

ssb

¶81

THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

¶82

WRIT PETITION N0.21855 OF 2022

¶83

ORDER:

¶84

The present Writ Petition is filed seeking the following^relief; "....declaring the action of the respondents 4 to 7 in allowing the respondents 2 and 3 herein to fun the retail outlet situated at RS.No.34/3 over an extent of 111325 Sq.Meters in Karrivari Savaram Village (Presently in Undrajavaram Mandai, East Godavari District) and partly in Tanuku Municipality, West Godavari District, as illegal arbitrary and in violation of the provision of Petroleum Act, 1934 and the Rules of 2002 made there under and consequently direct the respondents 4 to 7 herein to take steps to dose down the said retail outlet by passing final orders on the show cause notice bearing No. P/SC/AP/14/1777(P36769) Dated 26.11.2021 issued to the respondent forthwith...."

¶85

Heard Sri N. Siva Reddy, learned counsel for the petitioner, Sri SVSS Siva Ram, learned counsel for respondent nos.2 & 3 and Smt Datia Pivya, learned Counsel representing respondent nos.4 to 6 and learned Government Pleader for Civil Supplies representing respondent no.7. 3. Learned counsel for the petitioner submitted that, basing on the complaint given by the petitioner, the 6*" respondent-Deputy Chief Controller of Explosives have issued a notice against retail outlet of the 2 nd respondent but so far no orders have been passed. He further submitted that, it would suffice if a direction is given to the 6**" respondent to pass

final orders pursuant to the issuance of show cause^{notice andaccordingly} prayed to consider the writ petition.

¶90

To the said submission, learned counsel for the^respondents and learned Government Pleader for Civil Supplies reported^noobjection.

¶91

Taking the above submissions into consideration^{andwithoutgoing} into merits of this case, this Court is inclined to dispose of this Writ Petition with the foliowing direction:

¶92

The respondent-authorities are hereby directed to pass^finalorders on the show cause notice bearing No.P/SC/AP/14/1777(P36769)^dated 26.11.2021 with regard to closing down of the retail outlet situated at RS.No.34/3, over an extent of 1113.25 Sq.meters in Karrivari Savaram Village (Presently in Undrajavaram Mandal, East Godavari District) and partly in Tanuku Municipality, West Godavari District, after providing opportunity of being heard to the petitioner and concerned^partiesand communicate the same to the petitioner within a period of eight(08) weeks from the date of receipt of copy of this order.

¶93

Accordingly, the writ petition is disposed of. No costs.

¶94

Miscellaneous applications, pending if any, shali stand^closed.

¶95

JUSTICE RAVI CHEEMALAPATI

10.05.2023, BRS

' t X'

HIGH COURT

DATED:09/07/2024

ORDER

WP.No.1859of 2024

DISPOSING OF THE W.P. WITHOUT COSTS

Sri Nallaparaju Suseela v. Union of India

Case brief

What is this about?

What did the court decide?

Sri Nallaparaju Suseela v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kurakula Naga Satyam Vs M.Krishnababu

Sreedhar Engineering Works Vs Sri Shashi Bhushan Kumar(lAS)

M/s. Jagans College of Engineering and Technology, Vs The State of Andhra Pradesh

Vatsavaya Subhadra Rani Vs the Union of India

T.V. Sridevi Vs The Andhra Pradesh State Road Transport Corporation

Chakka Suryanarayana Vs Union of India