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2026 DAILYLAW 23846 (AP)

SHAIK CHAND BASHA v. BHARAT PETROLUEM CORPORATION LTD

WP/23202/2023 · 2026-02-18

K Sreenivasa Reddy

body2026

Judgment text

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APHC010449372023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 23202/2023 Between: 1. SHAIK CHAND BASHA, S/O. KALESHA SAHEB, PARTNER - M/S. TAJ ENTERPRISES MUSLIM, AGED ABOUT 76 YEARS, OCCUPATION. BUSINESS, RESIDING AT DOOR NO.66-1, SRI VENKATESWARALAYA STREET, SULLURPETA, TADA MANDAL, TIRUPATI DISTRICT. ...PETITIONER AND 1. BHARAT PETROLUEM CORPORATION LTD, (A GOVT OF INDIA ENTERPRISE) REP BY ITS CHAIRMAN, BHARAT BHAVAN, NO.4 AND 6, CURRIMBHOY ROAD, BALLARD ESTATE, MUMBAI 400 001 2. BHARAT PETROLEUM CORPORATION LTD, (A GOVT OF INDIA ENTERPRISE) REP BY ITS TERRITORY MANAGER (RETAIL) DOOR NO.26-3-171/1, B.V.NAGAR MINI BY PASS ROAD, NELLORE TOWN SPSR NELLORE DIST ...RESPONDENT(S): Counsel for the Petitioner: 1. MALLIKARJUNA REDDY Y Counsel for the Respondent(S): 1. 2. V V SATISH 2 THE HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.23202 of 2023 Order: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following prayer; “….to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 2nd Respondent in not considering the Petitioner's proposal dt. 28.07.2023 is illegal, arbitrary and violation of principle of natural justice and consequently allow this Writ Petition, by Directing the 2nd Respondent to pass appropriate Orders on the Petitioner's Proposal dt. 28.07.2023, as per the 'POLICY GUIDELINES FOR RECONSTITUTION OF RETAIL OUTLET/SKO-LDO DEALERSHIPS, dt. 04.07.2018 and further Directing the 2nd Respondent to restore supply to the Petitioner's Firm and to pass….” 2. Aggrieved by the inaction of 2nd respondent in considering petitioner’s proposal dated 28.07.2023, the present writ petition is filed. 3. Heard learned counsel for the petitioner and the learned counsel for the respondents. 4. Learned counsel for the respondents submits that, based on the representation dated 28.07.2023 made by the petitioner, 2nd respondent passed an Order dated 07.08.2023 Ref: NRT/Taj Enterprises-Kondur, with the observation that the reconstitution 3 application could not be submitted within the stipulated time due to disputes among the legal heirs, despite intervention from the Territory manager to resolve the dispute through multiple meetings. It is further observed in the said order that the dealership was being offered Holiday Scheme for a maximum period of two years, and during the said period, a reconstitution application with all valid annexures, as per the guidelines, be submitted, and the authorities will process the application as per procedure within the stipulated time and hand over the dealership to the newly reconstituted Proprietor or Partner(s), as applicable. A copy of the said order is produced before this Court. The same is placed on record. 5. In view of the aforesaid order passed by the respondent authorities, the Writ Petition is disposed of, with a liberty to the petitioner to challenge the same, if he is so aggrieved by the same. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _________________________ K. SREENIVASA REDDY, J. Date:19.02.2026 Asr 4 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.23202 of 2023 Date:19.02.2026 Asr