r APHC010658592013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 27677 OF 2013 Between: 1. Visakhapatnam Oil Tank Truck Owners Association, Regd. No. 14/69 represented by its President Tammina Naidu, D.No. 65-1-19411 Likitha Theatre, Sriharipuram, Visakhapatnam -11. 2. Tammina Naidu, Son of Appa Rao Visakhapatnam Oil Tank Truck Owners Theatre, Sriharipuram, Visakhapatnam. , Near aged about 45 years. President, Association, Near Likitha ...Petitioners AND 1. The Indian Oil Corporation Ltd Marketing Visakhapatnam 530 011 (Operations). 2. The Indian Oil Corporation Ltd, A.P. State Office, rep. by Executive Director, No. 3-6-436 to 438, II Floor Hyderabad 500 029. 3. The State Level Coordinator for Oil Industries i Petroleum Corporation Ltd., Road, Secunderabach.500 003. 4. The State of Andhra Pradesh, Government, Consumer Affairs, Secretariat, Hyderabad. Division, Malkapuram, Rep. by Deputy General Manager Naspur House, Himayathnagar, in A P, C/o Hindustan 130/1, 4th Floor, Sebastian Street, S.D. Represented by the Secretary to Food & Civil Supplies Department, ...Respondents 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 a Writ, in the nature of a Writ of Mandamus, or any other appropriate Writ, direction or order declaring Tender Nos: APSO/OPS/PT- 06A/IZAG/POL-MS/HSD/BRANDED UEL/13-14; APSO/OPS/PT- 07A/IZAG/POL-AFT/13-14 and APSO/OPS/PT-14A/IZAG/POL-BO/13-14, floated by the Indian Oil Corporation Ltd., the 1st respondent herein, in so far as fixing the rate schedule and Clause 5(a)(ii) of the Agreement that "the carrier shall be responsible for the payment of any tax on transfer of right to use etc., levied by statutory authorities" as illegal and void and direct the 1st respondent to pay the VAT to the Government. lA NO: 1 OF 2013 (WPMP 34335 OF 2013) 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 stay all further proceedings pursuant to the Tender Nos. Tender Nos; APSO/OPS/PT-06A/IZAG/POL-MS/HSD/BRANDED; APSO/OPS/PT-07A/IZAG/POL-AFT/13-14 14A/IZAG/POL-BO/13-14, floated by the Indian Oil Corporation Ltd., respondent herein Counsel for the Petitioners: SRI P KAMLAKAR Counsel for the Respondents No.1, 2: SRI SAI SANJAY SURANENI Counsel for the Respondent No.4: GP FOR CIVIL SUPPLIES Counsel for the Respondents: SRI DEEPAK BHATTACHARJEE The Court made the following order: FUEL/13-14 APSO/OPS/PT- the 1"‘ and APHC010658592013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATi (Special Original Jurisdiction) [3331] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTl WRIT PETITION NO: 27677/2013 Between; 1 .VISAKHAPATNAM OIL TANK TRUCK OWNERS ASSOCIATION,, REGD. NO. 14/69, REPRESENTED BY ITS PRESIDENT TAMMINA NAIDU, D.NO. 65-1-19411 SRIHARIPURAM, VISAKHAPATNAM -11. NEAR LIKITHA THEATRE SON OF APPA RAO, AGED ABOUT 45 YEARS, OIL TANK TRUCK OWNERS SRIHARIPURAM, 2.TAMMINA NAIDU PRESIDENT, VISAKHAPATNAM ASSOCIATION, NEAR VISAKHAPATNAM. LIKITHA THEATRE, ...PETITIONER(S) AND CORPORATION LTD MARKETING DIVISION, 1.THE INDIAN OIL MALKAPURAM, VISAKHAPATNAM 530 011, REP. BY DEPUTY GENERAL MANAGER (OPERATIONS). OIL CORPORATION LTD, A.P. STATE OFFICE, REP. BY NO. 3-6-436 TO 438, II FLOOR, NASPUR 2.THE INDIAN EXECUTIVE DIRECTOR HOUSE, HIMAYATHNAGAR, HYDERABAD 500 029. 3.THE STATE LEVEL COORDINATOR FOR OIL INDUSTRIES IN A P, C/0 HINDUSTAN PETROLEUM CORPORATION LTD., 130/1, 4TH FLOOR, SEBASTIAN STREET, S.D. ROAD, SECUNDERABACH.500 003. 4.THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CONSUMER AFFAIRS, FOOD & 2 CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, 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 toto issue a Writ, in the nature of a Writ of Mandamus, or any other appropriate Writ, direction or order declaring Tender Nos: APSO/OPS/PT- 06A/IZAG/POL-MS/HSD/BRANDED 07A/IZAG/PO L-AFT/13-14 floated by the Indian Oil Corporation Ltd., the 1st respondent herein, in so far as fixing the rate schedule and Clause 5(a)(ii) of the Agreement that "the carrier shall be responsible for the payment of any tax on transfer of right to use etc., levied by statutory authorities" as illegal and void and direct the 1st respondent to pay the VAT to the Government; and pass. lA NO: 1 OF 2013(WPMP 34335 OF 2013 UEL/13-14; APSO/OPS/PT- and APSO/OPS/PT-14A/IZAG/POL-BO/13-14, 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 stay all further proceedings pursuant to the Tender Nos. Tender Nos; FUEL/13-14 APSO/OPS/PT- 14/VIZAG/POL-BO/13-14, floated by the Indian Oil Corporation Ltd., the 1st respondent herein; and pass. lA NO: 4 OF 2013fWPMP 154681 OF 2013 APSO/OPS/PT-06A/IZAG/POL-MS/HSD/BRANDED; APSO/OPS/PT-07A/IZAG/POL-AFT/13-14 and 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 Counsel for the Petltioner(S): 1.P KAMLAKAR Counsel for the Respondent(S): I.SAI SANJAY SURANENI 2.GP FOR CIVIL SUPPLIES 3.DEEPAK BHATTACHARJEE 3 The Court made the following ORDER: Learned counsel for the petitioner submits that the cause in the writ petition does not survive and the same has rendered infructuous. Recording the submission of learned counsel for the petitioner, the Writ Petition is dismissed as infructuous. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. Qrf/ SHAIK WIOHD. RAFI ASSlST^i^T REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. One CC to SRI P KAMLAKAR Advocate [OPUC] One CC to SRI SAI SANJAY SURANENI Advocate [OPUC] Two CCS to GP FOR CIVIL SUPPLIES High Court of Andhra Pradosh [OUT] One CC to SRI DEEPAK BHATTACHARJEE Advocate Two CD Copies 2. 3. 4. [OPUC] 5. gsg HIGH COURT •« DATED: 30/06/2025 ORDER ^ 31) AUS 2025 "m Section . WP NO. 27677 OF 2013 dismissing the WP AS INFRUCTUOUS WITHOUT COSTS