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2025 DAILYLAW 13116 (AP)

M/s. Nithin Sri Filling Station, v. Union of India,

WP/33622/2014 · 2025-09-16

Sumathi Jagadam

body2025

Judgment text

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APHC010157372014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 33622/2014 Between: 1. M/S. NITHIN SRI FILLING STATION, KISAN SEVA KENDRA, T. NARASAPURAM, WEST GODAVARI DISTRICT. REPRESENTED BY ITS PROPRIETOR T. ANIL KUMAR, R/O. ELURU, WEST GODAVARI DISTRICT, A.P. ...PETITIONER AND 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF PETROLEUM AND NATURAL GAS, NEW DELHI. 2. THE INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS DEPUTY MANAGER, RETAILS, MARKETING DIVISION, VISAKHA DIVISIONAL OFFICE, 8TH FLOOR, LIC BUILDING, JEEVITHA BIMA ROAD, VISAKHAPATNAM. 3. SENIOR DIVISIONAL RETAIL SALES MANAGER, INDIAN OIL CORPORATION, VISAKHA DIVISIONAL OFFICE, 8TH FLOOR, LIC BUILDING, JEEVITHA BIMA ROAD, VISAKHAPATNAM. 4. THE INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS EXECUTIVE DIRECTOR, A.P STATE OFFICE, NARSPUR HOUSE, HIMAYATNAGAR, HYDERABAD. ...RESPONDENT(S): 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 writ or direction more so in the nature of Writ of Mandamus 2 JS,J W.P.No.33622/2014 declaring the action of the respondents no. 2 and 3 in not permitting for resitement of the outlet from Land in Sy. No. 413/6A2, of T. Narsapur Village, West Godavari District to land in R.S No. 309/1B of T. Narasapuram, West Godavari District pursuant to the petitioners applications dated 07.08.2013 and 26.09.2013, as illegal, arbitrary and high handed and violative of principles of Natural Justice apart from violative of Articles 14, 19, 21 of Constitution of India Consequently direct the respondent no. 2 and 3 to consider the petitioner's application dated 07.08.2013 and 26.09.2013 and shift the petitioners KSK outlet from Sy. No. 413/6A2, of T. Narsapur Village, West Godavari District to land in R.S No. 309/1B of T. Narasapuram, West Godavari District. and pass IA NO: 1 OF 2014(WPMP 42056 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to consider the petitioner's application dated 07.08.2013 and 26.09.2013 and shift the petitioners KSK outlet in Sy. No. 413/6A2, of T. Narsapur Village, West Godavari District to land in R.S No. 309/1B of T. Narasapuram, West Godavari District and pass Counsel for the Petitioner: 1. NIZAMPUR CHANDRA SEKHAR Counsel for the Respondent(S): 1. DEPUTY SOLICITOR GENERAL OF INDIA 2. O MANOHER REDDY 3. DOMINIC FERNANDES 3 JS,J W.P.No.33622/2014 The Court made the following ORDER: No representation for the petitioner. The writ petition was filed to consider the petitioner’s applications dated 07.08.2013 and 26.09.2013 for shifting the petitioner’s KSK outlet from Sy.No.413/6 A2, T.Narsapur Village, West Godavari District, to land in R.S.No.309/1B of T.Narasapuram, West Godavari District. At the time of admission, this Court has not granted interim order. Sri V. Ashok Ram, learned Standing Counsel appearing for the respondents – Corporation, submits that the petitioner’s filling station has become defunct and is no longer in operation. Therefore, the cause in the writ petition does not survive for adjudication. Accordingly, the Writ Petition is dismissed as infructuous. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date: 17.09.2025 KAS