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2025 DAILYLAW 50549 (AP)

Bandaru Sachin, v. M/s. Hindustan Petroleum Corporation Limited,

WP/38435/2022 · 2025-10-14

Sumathi Jagadam

body2025

Judgment text

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APHC010644242022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 38435/2022 Between: 1. BANDARU SACHIN,, S/O. BANDARU SRINIVASA RAO, AGED ABOUT 31 YEARS, RESIDENT OF DOOR NO. 3-64, VADAPALEM VILLAGE, KOTHAPETA MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. M/S HINDUSTAN PETROLEUM CORPORATION LIMITED, Rep by its Deputy General Manager - LPG, Visakh LPG RO, HP Petrol Park, Port Connectivity Road, Visakhapatnam, Andhra Pradesh ...RESPONDENT 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 in the nature of Mandamus declaring the action of the Respondent in rejecting the Petitioner candidature vide letter dated 14.11.2022 for the LPG Distributorship location Kothapeta, East Godavari District on the ground that the Petitioner do not have minimum 10 Lakhs as liquid funds as per eligibility criteria as on closing date of last date for submission of application, as illegal, arbitrary and unreasonable and consequently set aside the same and direct the Respondent Corporation to consider the Petitioner Candidature pursuant to the letter dated 06.09.2022 for the LPG Distributorship location Kothapeta, East Godavari District and pass IA NO: 1 OF 2022 2 JS,J W.P.No.38435/2022 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 prayed that this Hon'ble Court may be to suspend the operation of letter bearing No. ASV/VLRO dated 14.11.2022 for the LPG Distributorship location Kothapeta, East Godavari District and pass IA NO: 2 OF 2022 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 prayed that this Hon'ble Court may be to direct the respondent not to conduct any drawls with the other applicants for appointment of LPG dealership at Kothapeta, East Godavari District, (Open Un reserved), vide Advertisement dated 15.09.2013, pending disposal of main writ petition and to pass IA NO: 1 OF 2024 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 pleased to grant leave to the Petitioner to file Counter Affidavit in W.P.No.38435 of 2022 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 may be pleased to vacate the Interim order dated 28-11-2022 and as extended on 26-12-2022 in I.A.Nos.1 and 2 of 2022 in W.P.No. 38435 of 2022 and dismiss the writ petition and pass Counsel for the Petitioner: 1. V V SATISH Counsel for the Respondent: 1. B V KRISHNA RAO 3 JS,J W.P.No.38435/2022 The Court made the following ORDER: Heard learned counsel for the petitioner and learned Standing Counsel for the respondent-Corporation. 2. In accordance with the advertisement issued on September 15, 2013, the petitioner applied for a distributorship along with all requisite documents. One of the conditions stipulated in the notification is that the petitioner must maintain a sum of Rs.15,00,000/- for urban market and Rs.10,00,000/- for rural market as of the last date for submission of the application. 3. On 06.09.2022, the respondents informed that the petitioner was selected in the draw held at Rajahmundry LPG Plant. Additionally, on 03.09.2022, the respondents advised the petitioner to submit a demand draft of Rs.25,000/- for process of field verification credentials. 4. On 12, 2022, the petitioner submitted the demand draft. On 14, 2022, the respondents rejected the petitioner’s candidature on the ground that he violated Clause 9.1 VI of Selection Guidelines for Regular Dealership, May 2013 by failing to maintain a balance of Rs.10,00,000/- for both urban and rural markets. 5. Learned counsel for the petitioner submits that the petitioner maintained a balance of Rs.15,14,112/- as on 23.10.2013. Due to his father’s ill health, he withdrew the amount. Subsequently, the petitioner has maintained a sufficient balance in the bank and requests consideration of his application for distributorship. 6. The respondents have submitted a vacate application, asserting that call letters were issued to all the candidates in accordance with the Selection Guidelines, 2013. The petitioner participated in the draw of lots scheduled on 03.09.2022 and was declared as the successful candidate. 7. The respondents conducted a field verification on 15.10.2022 in the presence of the petitioner and found that the petitioner did not meet the 4 JS,J W.P.No.38435/2022 criteria set forth under Clause 6.1.(vi) of the Guidelines for Selection of LPG Distributorship. Additionally, it was reported that the petitioner held a savings bank account (No. 31231623976) with State Bank of India. Upon verification of the statement of account from 01.04.2013 to 31.03.2014, dated 08.09.2022, it was observed during the field verification process that the closing balance as on 07.11.2013 was Rs.4,112/-, which remained unchanged until the application deadline of 18.11.2013. Because the petitioner did not maintain the minimum required balance, the respondents rejected the application and forfeited the deposit of Rs.25,000/- in accordance with Clause 10(h) and 10(i) of the Guidelines for Selection of LPG Distributorship, 2013. 8. The petitioner requested this Court to consider his candidature, asserting that he has maintained the required balance as stipulated by the respondents. 9. Learned counsel appearing for the respondent-Corporation submitted written instructions from respondent No.1 to the Court. These instructions clearly indicate that there are 32 other eligible applicants for the same location, and reconsidering the petitioner’s application could prejudice the rights of these other applicants. 10. Accordingly, the issue raised in the Writ Petition does not warrant furthe consideration and the petition is dismissed. No order as to costs. As a sequel, miscellaneous pending applications, if any, shall stand closed. ___________________________ JUSTICE SUMATHI JAGADAM Date: 15.10.2025 SCH 5 JS,J W.P.No.38435/2022 250 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 38435/2022 Date: 15.10.2025 SCH