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2025 DAILYLAW 41714 (AP)

AP FEDERATRION OF PETROLEUM DEALERS,NELLORE. v. HPCL.,NELLORE, & 3 OTRS.

WP/36521/2017 · 2025-11-16

Sumathi Jagadam

body2025

Judgment text

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APHC010872652017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 36521/2017 Between: 1. AP FEDERATRION OF PETROLEUM DEALERS,NELLORE., 6TH LANE, JAGADESH NAGAR, CHILDEREN'S PARK ROAD, NELLORE - 524002 REPRESENTED BY ITS GENERAL SECRETARY, P, RAVI KUMAR. ...PETITIONER AND 1. HPCL NELLORE 3 OTRS, INDIA ENTERPRISE, REGD OFFICE 17, JAMSHEDJI TATA ROAD MUMBAI 400 020 AND HAVING ITS BRANCH OFFICE NELLORE RETAIL REGIONAL OFFICE, # 16-15986-2, 2ND FLOOR AARVEE HOUSE CHILDREN'S PARK MAIN ROAD NEAR KRISHNA MANDIRAM NELLORE AP 524 003 REP BY ITS CHIEF REGIONAL MANAGER 2. INDIAN OIL CORPORATION LIMITED A COMPANY REGISTERED UNDER, THE COMPANIES ACT, 1956 & HAVING ITS REGISTERED OFFICE AT INDIA OIL BHAVAN G-9, ALL YAVAR JUNG MARG, BANDRA (EAST) MUMBAI 400 051 AND REGIONAL OFFICE AT 2 3. BHARAT PETROLEUM CORPORATION LIMITED A COMPANY REGISTERED, UNDER THE COMPANIES ACT, 1956 & HAVING ITS REGISTERED OFFICE AT BHARAT BHAVAN 4 & 6 CURRIMBHOY ROAD, BALLARD ESTATE MUMBAI 400 001 AND REGIONAL OFFICE AT 4. UNION OF INDIA REP BY ITS SECRETARY MINISTRY OF PETROLEUM, & NATURAL GAS SHASTRI BHAVAN, NEW DELHI - 110001 ...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 an appropriate writ, order or direction and more particularly, one in the nature of Mandamus, (i) declaring the action of respondents 1 to 3 in issuing Amendment to Marketing Discipline Guidelines, 2012 dated 02.10.2017 as illegal, arbitrary, unconstitutional and without competence and calling for records relating to Marketing Discipline Guidelines, 2012 as amended on 02.10.2017 and quash the same and restrain/prohibit the respondents from, in any manner, initiating any steps and/ or imposing any penalty or termination of License Agreement for alleged violation of Amendment to Marketing Discipline Guidelines, 2012 dated 0110.2017. (ii) declare all action taken by the officers, representatives of Respondents 1 to 3 pursuant to "Amendment to Market Discipline Guidelines, 2012" dated 02.10.2017 including issuance of show cause notices as illegal, arbitrary and unconstitutional and set aside the same. IA NO: 1 OF 2017(WPMP 45361 OF 2017 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 undertaken by the respondents pursuant to alleged violation of Amendment to Marketing Discipline Guidelines, 2012 dated 02.10.2017 pending disposal of the writ petition 3 IA NO: 2 OF 2017(WPMP 45362 OF 2017 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 restrain the respondents from taking any steps, in any manner, including issuing showcause notice or imposing any penalty or termination of License Agreement for alleged violation of Amendment to Marketing Discipline Guidelines, 2012 dated 02.10.2017 pending disposal of the writ petition IA NO: 7 OF 2017(WPMP 208383 OF 2017 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 Petitioner: 1. K SIDDHARTH RAO Counsel for the Respondent(S): 1. SREEKANTH REDDY AMBATI 2. B KRISHNA MOHAN 3. B MAYUR REDDY 4. DODDALA PRUDHVI TEJA 4 The Court made the following ORDER: When the matter was listed on 12.11.2025, time was granted to the learned counsel for the petitioner to verify the judgments and make his submissions. 2. Today when the matter is called, learned counsel for the petitioner appearing through online submits that he is not ready to proceed with the matter. 3. Learned counsel for the respondents submits that the matter is squarely covered by the judgments passed by the Hon’ble Apex Court in SLP.No.1132 of 2022, dated 10.01.2024. He further submits that in view of the new marketing discipline guidelines, which came into effect from 24.10.2024, the cause in the writ petition does not survive for further adjudication. 4. In view of the same, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________________ JUSTICE SUMATHI JAGADAM Dated: 17.11.2025 ANS 5 190 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 36521/2017 Dated: 17.11.2025 ANS