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2026 DAILYLAW 27361 (AP)

C LAKSHMI KUMAR v. UNION OF INDIA

WP/35436/2025 · 2026-03-04

K Sreenivasa Reddy

body2026

Judgment text

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APHC010684502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 35436/2025 Between: 1. C LAKSHMI KUMAR, S/O. GOVINDHA REDDY, AGED ABOUT 43 YEARS, OCC EX-SERVICEMEN, R/O. D.NO.1- 107, SARAKALLU VILLAGE, ARAGONDA MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. UNION OF INDIA, MINISTRY OF PETROLEUM AND NATURAL GAS, REP. BY ITS SECRETARY, KARTAVYA BHAWAN - 03, JANPATH ROAD, NEW DELHI - 110001 2. INDIAN OIL CORPORATION LTD, REP. ITS EXECUTIVE DIRECTOR, REGISTERED OFFICER G-9, ALI YAVER JANG MARG, BANDHRA (EAST), MUMBAI, MAHARASHTRA STATE.400051 3. THE DIVISIONAL MANAGER, INDIAN OIL CORPORATION, D.NO.8-115/1,1ST FLOOR, M.M. COMPLEX, R.C ROAD, ROYAL NAGAR, THIRUPATHI DISTRICT 517501 4. THE SENIOR MANAGER, RETILE SALES, MARKETING DIVISION, DIVISIONAL OFFICER AT D.NO.8-115/1, FLOOR, M.M. COMPLEX, R.C ROAD, ROYAL NAGAR, THIRUPATHI DISTRICT. 517501 ...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 topleased to issue an appropriate Writ Order or Direction, more particularly one in the nature of Writ Of Mandamus declare the action of the Respondent 2 to 4 in forwarding application for getting No objection Certificate from District Collector, Chittoor District for the establishment of a New SRK, J W.P.No.35436 of 2025 2 Petrol Pump at Sy.No.60/6 in an extent of Ac.0.36 Cents at Nalgampalli Revenue Village, Bangarupale Mandal, Chittoor District, despite provisional allotment orders issued in favour of the Petitioner on 13- 12-2023 as illegal, arbitrary and violation of Art. 14, 19 and 21 of Constitution of India and consequently, direct the Respondent No.2 to 4 to issue Letter of Intent to the petitioner for the establishment of the Petrol pump at Sy.No.60/6 in an extent of Ac.0.36 Cents at Nalgampalli Village, Bangarupalyam Mandal, Chittor District and complete the process of appoint of the petitioner as Retail Outlet dealer for the establishment of a Petrol Pump notified at Serial No.836, i.e. On Aragonda-Bangarupalyam road, not in Aragonda Village Limits (not on NH/SH) as per notification dated 28-06- 2023 and to pass 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 Pleased to direct the 3RD Respondent dispose of the Appeal as expediately as early as possible by the time fixed by this Hon'ble Court, pending disposal of the above Appeal and pass IA NO: 2 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 pleased to direct the Respondent no 2 to 4 to forward the application to the District Collector, Chittoor District, for getting a No-objection Certificate as per Rules 2002, for the establishment of the Petrol pump at Sy.No.60/6 in an extent of Ac.0.36 Cents at Nalgampalli Village, Bangarupalyam Mandal, Chittoor District by issuing Letter of Intent in favour of the petitioner in the above described place and pass Counsel for the Petitioner: 1. HARINATH REDDY SOMA Counsel for the Respondent(S): 1. ASHOK RAM V 2. J U M V PRASAD (CENTRAL GOVERNMENT COUNSEL) The Court made the following: SRK, J W.P.No.35436 of 2025 3 HON’BLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION No.35436 of 2025 ORDER: This Writ Petition has been filed seeking to declare the action of respondent Nos.2 to 4 in forwarding the application for getting No-Objection Certificate from the District Collector, Chittoor District for the establishment of a new petrol pump at Sy.No.37/2B/1 instead of Sy.No.60/6 in an extent of Ac.0.36 cents at Nalgampalli Revenue village, Bangarupalyam Mandal, Chittoor District, despite provisional allotment orders issued in favour of the petitioner on 13.12.2023 as illegal and arbitrary, and subsequently direct the respondent Nos.2 to 4 to issue Letter of Intent to the petitioner for the establishment of the petrol pump at Sy.No.60/6 and complete the process of appoint of the petitioner as retail outlet dealer for the establishment of a petrol pump notified at serial No.836 i.e., “On Aragonda-Bangarupalyam road, not in Aragonda village Limits (not on NH/SH) as per Notification dated 28.06.2023. 2. Case of the petitioner is that petitioner is a permanent resident of Sarakallu village, Aragonda Mandal, Chittoor District. On 28.06.2023, 2nd respondent, Indian Oil Corporation Limited, SRK, J W.P.No.35436 of 2025 4 issued a Notification for appointment of Regular/Rural outlet (petrol pump) dealerships in the notified places. Pursuant to notification, the petitioner made an on-time application on 14.09.2023 for establishment of a petrol pump notified at serial No.836 i.e., “on Aragonda-Bangarupalyam road, not in Aragonda village Limits (not on NH/SH)”. He further submits that after provisional selection, the petitioner took a vacant land on lease as per the parameters described by the respondent corporation in Sy.No.37/2B/1 of Nalgampalli village, Bangarupalyam Mandal, Chittoor District from Sri Kotapathi Munuswamy on 08.09.2023. As per the Petroleum Rules, 2002, the respondent corporation requested the District Collector, Chittoor District, for issuance of a No-Objection-Certificate for the proposed class-A/B Petroleum retail outlet at Sy.No.37/2B/1, vide letter dated 29.12.2023. The District Collector after securing a report from the District Superintendent of Police and the Revenue Divisional Officer, Palamaneru, issued proceedings on 07.08.2024 rejecting to issue No-Objection-Certificate, on the ground that the public have not given their consent and the said land was not converted from agriculture to non-agriculture. ii. It is submitted that on 13.08.2024, the petitioner made a representation to respondent No.3 for alteration/Re-Sitement at SRK, J W.P.No.35436 of 2025 5 the letter of intent stage to an alternative land in the same street of the road and considering the same, respondent No.4 extended six months’ time for issuance of letter of intent from the date of receipt of letter vide letter dated 26.10.2024. Then the petitioner entered into a new lease agreement with Sri S.Ramabadhra Naidu for the land to an extent of Ac.0.36 cents in Sy.No.60/6 in Nalgampalli village, Bangarupalyam Mandal, Chittoor District. Respondent Nos.3 and 4 again forwarded the application for NOC to the District Collector, on 15.07.2025, for establishment of new petrol pump in Sy.No.37/2B/1 instead of Sy.No.60/6 and the District Collector refused to give NOC. 3. Heard learned counsel for petitioner and learned counsel for respondents. 4. On 28.01.2026, the learned Standing Counsel for respondent corporation, on written instructions, categorically stated that the proposal is in process of approval and it is likely to be approved within a period of four (4) weeks for issuance of the addendum to the letter of Intent and subsequently further consequential steps will be undertaken in accordance with law and applicable guidelines. On 28.01.2026, this Court directed the SRK, J W.P.No.35436 of 2025 6 respondents to grant Letter of Intent within a period of four (4) weeks from the date of receipt of a copy of that order. 5. Today, when the matter came up for hearing, on written instructions, it has been submitted that the Letter of Intent has already been issued in favour of the petitioner herein. Since the Interim Order has been complied with, no further orders are necessary in the present Writ Petition. 6. Recording the written instructions submitted by the respondent corporation, the Writ Petition is closed. No order as to costs. 7. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. _________________________ K. SREENIVASA REDDY, J. Date: 05.03.2026 sj SRK, J W.P.No.35436 of 2025 7 205 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.35436 of 2025 Date: 05.03.2026 sj