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High Court of Andhra Pradesh · body

2025 DAILYLAW 31756 (AP)

M/s. Padmini Indane Services, v. The Union of India,

WP/23765/2025 · 2025-09-15

Sumathi Jagadam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010465202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 23765/2025 Between: 1. M/S. PADMINI INDANE SERVICES,, AUTHORIZED LPG DISTRIBUTOR, REP. BY ITS DISTRIBUTORS SHRI INNAMURI MADHAVA SRINIVASA RAO, S/O. VENKATESWARLU, AGED ABOUT 45 YEARS, R/O. D.NO. 17-9-13, MOTUPALLI VARI STREET, BHIMAVARAM, WEST GODAVARI DISTRICT, ANDHRA PRADESH- 534201. 2. SMT. INNAMURI PUSHPA PRATYUSHA, , W/O. MADHAVA SRINIVASA RAO, AGED ABOUT 40 YEARS, R/O. D.NO. 17-9-13, MOTUPALLI VARI STREET, BHIMAVARAM, WEST GODAVARI DISTRICT, ANDHRA PRADESH- 534201. ...PETITIONER(S) AND 1. THE UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF PETROLEUM AND NATURAL GAS, SASTRY BHAVAN, NEW DELHI - 110001. 2. THE INDIAN OIL CORPORATION LTD, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIAN OIL BHAVAN, G9 ALI YAVAR JUNG MARG, BANDRA EAST, MUMBAI - 400051. 3. THE INDIAN OIL CORPORATION LIMITED, REP. BY ITS GENERAL MANAGER (LPG), ANDHRA PRADESH STATE OFFICE, NO. 36436 TO 438, 2ND AND 3RD FLOOR, NARASAPUR HOUSE, HIMAYAT NAGAR, HYDERABAD - 500029, TELANGANA STATE. 2 JS, J W.P.No.23765 of 2025 4. THE DEPUTY GENERAL MANAGER, LPG, INDIAN OIL CORPORATION LTD, INDANE AREA OFFICE, LIC BUILDING, 8TH FLOOR, DWARAKA NAGAR, VISAKHAPATNAM. ...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 topleased to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of the respondent no.4 in issuing the speaking order dated 28.08.2025 without considering the petitioners reply submitted through Gmail on 14.04.2025 at 5.59 PM in response to the show-cause notice issued by Respondent No.4 on 01.04.2025. The issuance of the speaking order dated 28.08.2025 is illegal, arbitrary, violative of the principles of natural justice, and infringes upon the petitioners fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India and consequently directs the Respondent No.4 to consider the petitioners reply dated 14.04.2025 and thereafter pass a reasoned speaking order strictly inaccordance with due process of law and to pass IA NO: 1 OF 2025 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 suspend the impugned speaking order dated 28.08.2025 issued by Respondent No.4 pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. D TARAKA PRASAD Counsel for the Respondent(S): 1. VENKATA DURGA RAO ANANTHA 2. The Court made the following: 3 JS, J W.P.No.23765 of 2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ Order or direction particularly, one in the nature of writ of mandamus declaring the action of the respondent No.4 in issuing the speaking order dated 28.08.2025 without considering the petitioner’s reply submitted through Gmail on 14.04.2025 at 5:59 PM in response to the show-cause notice issued by respondent No.4 on 01.04.2025. The issuance of the speaking order dated 28.08.2025 is illegal, arbitrary, violative of the principles of natural justice, and infringes upon the petitioner’s fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India and consequently directs the respondent No.4 to consider the petitioner’s reply dated 14.04.205 and thereafter pass a reasoned speaking order strictly in accordance with due process of law and pass such other order or orders…” (in verbatim) 2. The grievance of the petitioners is that the respondents,without considering the explanation of the petitioners dated 14.04.2025, in response to the show-cause notice dated 01.04.2025, have passed a speaking order on the ground that the petitioners did not submit their explanation to the show- cause notice dated 01.04.2025. 3. During the course of the hearing, learned counsel for the petitioners and the respondents agreed to dispose of the writ petition at the stage of 4 JS, J W.P.No.23765 of 2025 admission by directing the respondents to consider the explanation dated 14.04.2025 made by the petitioners and pass appropriate orders by fixing a reasonable time. 4. In view of the above, this Writ Petition is disposed of by setting aside the impugned speaking order dated 28.08.2025 passed by the respondents. The respondents are directed to consider the explanation dated 14.04.2025 made by the petitioners and to pass appropriate orders after providing a reasonable opportunity of hearing to the petitioners. The entire exercise shall be completed within a period of four (4) weeks from today. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________________ JUSTICE SUMATHI JAGADAM 16th September, 2025 cbn 5 JS, J W.P.No.23765 of 2025 143 THE HON’BLE SMT. JUSTICE SUMATHI JAGADAM WP No.23765 of 2025 16th September, 2025 cbn