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2025 DAILYLAW 51381 (AP)

THE INDIAN OIL CORPORATION LIMITED v. GURAJALA INDANE

WA/1054/2025 · 2025-10-13

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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APHC010508932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 1054 of 2025 Bench Sr.No:-44 [3483] The Indian Oil Corporation Limited and others ...Appellant(s) Vs. Gurajala Indane and others ...Respondent(s) ********** Advocate for Appellants: Mr. Ashok Ram V Advocate(s) for Respondent(s): Mr. Koti Reddy Idamakanti, Mr. Y. V. Anil Kumar (Central Government Counsel) CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 14th October, 2025. P C : The present Writ Appeal under Clause 15 of the Letters Patent has been preferred against the order dated 28.08.2025, passed in W.P.No.21502 of 2025. By virtue of the order impugned, the learned Single Judge has directed interim suspension of the notice published in the newspaper dated 31.07.2025, whereby applications were invited from eligible applicants for appointment as LPG distributors for the location of Gurazala Village in Palnadu District. The interim suspension was ordered for a period of 12 weeks. 2 HCJ & RCJ WA_1054_2025 2. Learned counsel for the appellants – IOCL would submit that the impugned order is unsustainable, inasmuch as the appellant Corporation was within its right to invite applications for appointment of another LPG dealer. Reference in this regard was made to the agreement executed between the appellant Corporation and the petitioner, dated 13.06.2019. 3. It is also stated that not only this, a feasibility study was conducted and a report prepared, which was signed by the three petroleum marketing companies on 13.11.2021, in which report with regard to Gurazala Village, it was specified that there was a potential of an additional 4450 refills per month, and in that context, learned counsel for the appellants would submit that the notification had been issued by the appellant Corporation. 4. While the order impugned is an interim order, and in the normal circumstances the appellate forum would leave the parties to seek modification or vacation of the said order, if it caused any prejudice to any of the parties, yet in the present case, it can be seen that entire process initiated by the petroleum marketing company - the appellant herein is being brought to a grinding halt, and with a view to balance equities, we deem it appropriate to modify the interim order to the limited extent that while the appellant – IOCL can proceed further to invite applications and process the same, pursuant to their advertisement dated 31.07.2025, the same, be not finalized till such time as the objections to the Writ Petition are filed by the appellant Corporation and the same are considered by the learned Single Judge and decided on merits. 3 HCJ & RCJ WA_1054_2025 5. Be that as it may, this Writ Appeal is accordingly disposed of. However, it is open to the appellant Corporation to issue a fresh notification/ advertisement, as it is stated that the last date prescribed in the earlier notification is since over. We also permit the appellant to amend the Writ Petition accordingly, in case any new notification is issued. No order as to costs. Pending miscellaneous applications, if any, in this case shall stand closed. DHIRAJ SINGH THAKUR, CJ. RAVI CHEEMALAPATI, J. SSN