IN THE HIGH COURT OF ANDHRA PRADESH :: AMi (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1756 OF 2025 Between: M/s. Vijaya Geetha Oil Company, Rep by its Proprietor Smt. T. Geetha W/o. Vijay Kumar Reddy, Aged about 67 years, R/o. 11-138, Geetha Hospitals, Varla Street, Eluru Road, Gudivada, Krishna District - 521301. ...PETITIONER AND 1. The Union of India, Rep by its Secretary, Ministry of Petroleum and Natural Gases, Sastri Bhavan, New Delhi. 2. Indian Oil Corporation Limited, Rep. by its Executive Director and the State Head, Moosapet, Hyderabad, Telangana State (TS). 3. The Divisional Retail Head, Indian Oil Corporation Limited, Bharathi Nagar, Vijayawada ...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 order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the No.3 is not revoking / reviewing the suspension of Dispensing Unit No.201501000129 i.e., 2 nozzles of HSD/Xtragreen (inoperative) replacing the existing dispensing unit with a new dispensing unit of petitioner retail outlet even after lapse of more than 1 year, without rectifying the defect and faulted the petitioner, by treating as critical irregularity under Clause No. 5.1.4 and 8.2 vide Ref VJA/MDGA/IJAYA 16.12.2024 is illegal, arbitrary, discriminatory and violation of Articles respondent Serial or GEETHA dated 14, 19 and 21 of Constitution of India and totally non application of mind, and the same is liable to be set- aside and consequently direct the Respondent No. 3 to revoke/review the suspension of Dispensing Unit Serial 2 nozzles of HSD/ Xtragreen (Inoperative) of petitioner retail outlet by replacing the existing dispensing unit with dispensing unit as the respondents have unable to rectifying the defect after repairing the dispensing unit for 16 times by the manufacturing GVR technical team in respect of internal mechanism of dispensing unit though all the parameters are intact. No.201501000129 i.e. a new even lA 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 direct the Respondent No. 3 to revoke / review the suspension of Dispensing Unit by replacing the existing dispensing unit with dispensing unit by considering the representation of the petitioner dated 29.12.2024 without reference to the notice/order of the 3'"'^ respondent dated 16.12.2024 and pending disposal of the Writ Petition. a new Counsel for the Petitioner: SRI K. SATYANARAYANA MURTHY Counsel for the Respondent No.1: SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 & 3:SRI S.V.S.S.SIVA RAM The Court made the following: ORDER CP- APHC01003443202S IN THE HIGH COURT OF ANDHRA PRADESH [3329] AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1756/2025 Between: ...PETITIONER Vijaya Geetha Oil Company AND ...RESPONDENT(S) The Union Of India and Others Counsel for the Petitioner: 1. K SATYANARAYANA MURTHY Counsel for the Respondent(S): 1.S.V.S.S.SIVA RAM 2. The Court made the following: I the HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITI0N.N0.1756 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “...to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent No. 3 is not revoking / reviewing the suspension of Dispensing Unit Serial No.201501000129 i.e., 2 nozzles of HSD/Xtragreen (inoperative) or replacing the existing dispensing unit with a new dispensing unit of petitioner retail outlet even after lapse of more than 1 year, without rectifying the defect and faulted the petitioner, by treating as critical irregularity under Clause No. 5.1.4 and 8.2 vide Ref VJA/MDG A/IJAVA GEETHA dated 16.12.2024 is illegal, arbitrary, discriminatory and violation of Articles 14, 19 and 21 of Constitution of India and totally non application of mind and the same liable to be set aside and consequently direct the Respondent No. 3 to revoke / review the suspension of Dispensing Unit Serial No.201501000129 i.e., 2 nozzles of HSD/ Xtragreen (Inoperative) of petitioner retail outlet by replacing the existing dispensing unit with a new dispensing unit as the respondents have unable to rectifying the defect even after repairing the dispensing unit for 16 times by the manufacturing GVR technical team in respect of internal mechanism of dispensing unit though all the parameters are intact and to pass such other order or orders..." IS Heard learned counsel for petitioner and learned Standing 2. Counsel for the respondents. Learned counsel for the petitioner submits that the petitioner 3. herein is a retail outlet dealer who is running retail outlet business since 24 years without there being part. But to the visited the subject retail outlet any blemish or mal-practice on its surprise of the petitioner, the respondents physically on 16.11.2023 and found in respect of one dispensing unit out of three some errors dispensing units at the petitioner’s retail outlet. Even though the physical inspection was made by the respondents on 16.11.2023 and even after lapse of one year, the subject dispensing unit for regular operations. Therefore, several was neither restored nor renewed the petitioner herein submitted requesting the respondents to representations regular inspection and to for regular operations. Even after conduct review/ restore the subject dispensing receipt of the said unit representations, same nor passed any orders. the respondents neither considered the Hence, the writ petition. 4. On the other hand, learned respondents submits that the 16.12.2024 narrating all the facts Standing Counsel for the respondents issued a letter dated for the delay caused to conduct dispensing unit. Pursuant to a detailed explanation/ representation technical inspection regarding subject which, the petitioner submitted on 29.12.2024 and the same is in active consideration - in accordance with law. and the respondents will pass orders i et‘ Considering the submissions made by the learned counsel and learned Standing Counsel for the respondents, 5. for the petitioner this Court is of the considered view that the present writ petition can be disposed of, directing respondent No.2 and 3 herein to consider representation/ explanation dated 29.12.2024 submitted pursuant to the notice of the respondents, in strict sense within the parameters the of the guidelines and also with reference to the inspection reports dated 16.11.2023 and 25.11.2023 and pass appropriate orders, after providing opportunity of hearing to the petitioner if required, within a period of four (04) weeks from the date of receipt of a copy of this order. the above direction, the writ petition is disposed of. There shall be no order as to costs. With 6. Consequently, miscellaneous petitions, pending, if any shall stand closed. SD/- K. TAT.A RAO DEPUTY REGISTRAR //TRUE COPY// H OFFICER S To, of Petroleum and Natural Gases, Union of India 1. The Secretary, Ministry Sastri Bhavan, New Delhi. Executive Director and the State Head, Indian Oil Corporation 2. The Limited, Moosapet, Hyderabad, Telangana State (TS). Head, Indian Oil Corporation Limited, Bharathi 3. The Divisional Retail Nagar, Vijayawada 4. One CC to Sri K. Satyanarayana Murthy, Advocate [OPUC] 5. One CC to Sri S.V.S.S.Siva Ram, SC for Indian Oil Corporation Limited[OPUC] 6. One CC to Sri Pasala Ponna Rao, Deputy Solicitor General of India, High Court of A.P. at Amaravati[OPUC] 7. Three CD Copies. ssb I HIGH COURT DATED:03/02/2025 ofanoTT^ ORDER W A fro X 0 6 FEB 2025 | 15” . -i* . Current Section ^ ^ WP.No.1756 of 2025 AO DISPOSING OF THE W.P. WITHOUT COSTS