APHC010603342024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31516/2024 Between: Sabbela Padmavathi ...PETITIONER AND The Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KRISTAM SAKTHI NIRANJAN GUPTHA Counsel for the Respondent(S): 1. SAI SANJAY SURANENI 2. Y V ANIL KUMAR (Central Government Counsel) The Court made the following: ORDER:- 1. This writ petition is filed claiming the following relief: “…To issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring inaction of the respondent concerning the Proposal for Reconstitution dated 23.07.2024, with reference number 4402-RE/A10/1- 1108395833712, despite previous proposals as illegal, arbitrary, and in violation of the issued guidelines for Reconstitution as well as Articles 19(1)(g) and 14 of the Constitution of India and consequently direct the Respondents to approve reconstitution of dealership of petitioner’s proposal 2 for Reconstitution dated 23.07.2024, with reference number 4402-RE/A10/1-1108395833712 by considering the same and to pass such other order or orders...” 2. The case of the petitioner is as follows: The petitioner herein is a legal heir and wife of Sri S. Venkata Rama Reddy, who was commissioned the dealership with the Respondents at Gollalamamidada. While the dealership is continuing, unfortunately the dealer / husband of the petitioner died in the year 2017. Thereafter, as a legal heir, the petitioner herein was allowed to continue the dealership till today. While so, being the legal heir, the petitioner made an application dated 23.07.2024 for reconstitution of the dealership in her name. 3. It is the further case of the petitioner that the petitioner submitted all the required documents i.e. Family Member Certificate and Death Certificate issued by the Respondent Authorities dated 12.10.2021 and 01.02.2022 respectively. Even though all the required documents submitted by the petitioner, the Respondents did not proceed further and not approved the reconstitution of dealership in respect of the petitioner’s distributorship as per Reconstitution dated 23.07.2024. Hence the writ petition. 4. On the other hand, learned Standing Counsel for the Respondent Nos.2 to 4 submits that if there is any delay in submission of legal heir certificate or family member certificate or death certificate in respect of existing dealership holder, the Respondent Authorities formulated a scheme to declare the legal 3 heirs after having gone through the three steps as required, which are extracted as under: “1) All legal heirs must be identified, and a notice should be issued inviting them to apply for reconstitution. 2) A public notice as finalized by IOCL (cost of notice to be borne by the dealership) must be published in the newspaper, inviting objections from any other legal heirs within 30 days. 3) If no objections are raised, the proposal will be processed after obtaining suitable indemnity from all legal heirs.” 5. Learned Standing Counsel for the Respondents further submits that admittedly in the case in hand, the petitioner submitted a Family Member Certificate in the year 2021 i.e. after lapse of four years and Death Certificate was submitted in the year 2022 i.e. after lapse of five years. Therefore, unless the petitioner comply the procedure as contemplated under the Policy Guidelines for Reconstitution of Retail Outlet /SKO-LDO Dealerships, which have been brought into effect on 04.07.2018 and Respondents letter vide Ref.No.4402/IOC/VDO/RECON/127275, dated 01.01.2025, the claim of the petitioner cannot be reconstituted. 6. Heard Sri K. Sakthi Niranjan Guptha, learned counsel for the petitioner, Sri Y.V. Anil Kumar, learned Standing Counsel for Respondent No.1 and Sri D. Prudhvi Teja, learned counsel representing Sri Sai Sanjay Suraneni, learned counsel for Respondent Nos.2 to 4 and also perused the material placed on record. 4 7. It is observed that the petitioner is one of the legal heirs of the deceased / existing dealership holder. In fact, the license period of dealership already expired in the year 2017, it is observed as per the written instructions submitted by the Respondents that the petitioner submitted documents claiming herself as a legal heir by way of Family Member Certificate and Death Certificate issued by the Respondent Authorities dated 12.10.2021 and 01.02.2022 respectively and both are after a lapse of four years from the date of death. 8. It is further observed that the claim of the petitioner seeking reconstitution of dealership with the Respondents is also sought in the year 2024. As per the guidelines invoked with the Respondents, any delay in submission of claim of the legal heirs of the deceased / dealership holder, the Respondents are under the statutory obligation to adhere to the Policy Guidelines for Reconstitution of Retail Outlet /SKO-LDO Dealerships, which have been brought into effect on 04.07.2018. As per the said guidelines, the Respondents have to follow the procedure as extracted above. 9. In view of the submissions made by both the learned counsel, this Court is of the considered view that the present writ petition can be disposed of, directing the petitioner to cooperate and comply with the conditions as envisaged under the Policy Guidelines for Reconstitution of Retail Outlet /SKO-LDO Dealerships, which have been brought into effect on 04.07.2018 and Respondent Authorities addressed a letter vide Ref.No.4402/IOC/VDO/ RECON/127275, dated 01.01.2025 for compliance of other conditions. 5 Upon such compliance reported by the petitioner, the Respondents shall complete the procedure and finalise the reconstitution of dealership within a period of three months from the date of receipt of compliance report by the petitioner. 10. Accordingly, with the above direction, the writ petition is disposed of, at the stage of admission, with the consent of both the parties. There shall be no order as to costs. 11. Consequently, miscellaneous applications pending if any, shall stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 3rd January, 2025 Knr 6 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.31516 of 2024 3rd January, 2025 Knr