High Court · 2025

Petition under Article 226 ol lhe Constitution of lndia praying that in th_e circumgtances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction morg particularly in the nature of Writ of Mandaqus !o (i) Declare the Letter Dt.19-12-2022 No.HRT.NRO-Chilukuru Y Junctiqn to ORR Junction on SH-4 of Respondent No.4, cancelling / withdrawing the LOI granted in favour of Petitioner, as illegal, null and void (ii) Direct the Respondents 1, 4 and 5 to issue a fresh LOI in favour of the Petitioner for the establishment of a retail outlet site, in view of the proyisions of Act 49 of 2016, (the Rights of Persons with Disabilities Act, 2016), in respect of land admeasuring 1500 sq.yards in Sy.No.22AlU/1 , situated at Kachawani Singaram, Medchal - Malkajgiri District, T.S. or any other District in Telangana State. 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 Qourt may be pleased tq suspenQ the Lettef Dr.19-12-2023 No HRT.NRO-Chilu[uru Y Junction to ORR Junction on SH-4 9f Respondent Nos.4 and 5, cancelling / withdyqwing lhe LQI granted in favour pf Petitioner, by processing the issuancp of fresh LOI by Reepondentg 4 and 6, in favqur of the petitioner in respect of land admeas-uring 1500 sq.yards in Sy.No.22AlU/1, siluated at Kachawani $ingaralll, Medchql ; Malkajgiri Disttlct, T.$ , pending disposal of th9 main wri!. Counse! for the Petitionqg: SRI MANl.l Counsel for the Respondent No.1: qry_G191PRAVEEN KUMAR, gEpury soLtcrTQR GENERTAL OF INDIA Counsel for the Respondgnt No.2 & 3: GP POR REVENUE Counsel for t[e Respo4dgnt No.4 & 5: -- The Court mqde the following: ORDER THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR W.P. No.3495 of 2O25 ORDER: Challenging the letter dated 19.12.2022 No.HRT:NRO- Chilukuru Y Junction to ORR Junction on SH-4 issued by tfre respondent No.4, canceiing/withdrawing the LOI granted in favour of the petitioner, petitioner filed the present writ petition.

2. It is the case of the petitioner that he is a permanently disabled person and his disability is in relation to his Bilateral Lower Limb. In response to the advertisement dated O8.O7.2O14 published in Deccan Chronicle and Eenadu on O9.O7.2O14, by the Bharat Petroleum Corporation Limited, inviting dealers for establishment of retail outlet site, the petitioner applied and got selected and LOI was offered in his favour on 19.01.2017 for setting up a retail outlet dealership of Bharat Petroleum Corporation Limited at tfre location Chiiukuru Y Junction to ORR Junction on SH-4. Thereafter, the petitioner had provided the land after entering into the lease agreement on 06.08.20i4 with the land owner for a period of thirly years from 06.08.2014. The said land was situated in Sy.No.113, admeasuring Ac.O.15 guntas situated at Himayathnagar village, Moinabad Mandal, R.R. District, for which NOC were also obtained from some of the authorities. 2 NVSk. J w P No 3195 ot2025

3. It is further submitted that the Revenue Department vide memo Lr.No.C3/459812017 dated 26.02.2018 rejected the application of \ NOC, on the ground that the said land comes under the G.O.Ms.No. 111 (MA), dated 03.O8.2016 on the ground that Metropolitan Commissioner, HMDA had reported that the siie in Sy.No.113 of Himayathnagar village, Moinabad Mandal, is falling under G.O.Ms.No. 111 and as such the grant of NOC was not possible. The said Memo was addressed to the respondent No.S/Territory Manager, BPCL, directly without there being any inforrnation to the petitioner. After coming to know the same through the respondent No.S, petitioner immediately addressed a letter dated 20.08.2020 to the respondent No.5 offering alternate site but the respondents No.4 and 5 instead taking a sympathetic view have cancelled the LOI by impugned letter dated 19.12.2022.

4. The learned counsel for the petitioner would submit that though the impugned letter dated 19.12.2022 has been passed inlorming the petitioner for cancellation/withdrawing the letter of intent issued in favour of the petitioner, selection of petitioner still subsists and has not been cancelled till date. The petitioner immediately offered alternate site at Rampally village, Keesara Mandal, Medchal-Malkajgiri District by letter dated 30.12.2022 for which also the respondents No.4 and 5 informed that they cannot accede to his request as such the land owner of the said site has leased out to some other party. Thereafter,-t'he petitioner could now arrange for an alternate site i.e. at -:) NVSI{,.t W.P No 3405 of2025 Kachawani Singaram, Medchal-Malkajgiri (Old R.R. District). In proof of the same, the petitioner enclosed a lease agreement dated

01.02.2025. The said fact was also informed to the respondent No.5 orally before entering into the lease agreement and after OI.O2.2O25 also.

5. Heard the learned counsel for the peti[ioner and there is no I I representation for the respondents.

6. On a perusal of the record, it is observed that the petitioner could not obtain NOC from the Revenue Department for the reason that the site was covered by G.O.Ms. No. 1 11 dated 03.08.2016 and the said information was passed on to the respondents directly without there being any information to the petitioner. After coming to know the same, the petitioner is pursuing the matter with the respondents by arranging alternative sites and entered into an agreement with the land owner.

7. In view gf the above, this Court is of the considered view that this writ petition can be disposed of with a direction to the respondents to consider the case of the petitioner in terms of the guidelines on Resitement of Retail Outlet Dealerships dated O2.O5.2O19 and pass appropriate orders, in accordance with law, within a period of Four (04) weeks, from the date of receipt of a copy of this order. \ 4 NVSI{,.' w P No 3495 ot2025 d\

8. Accordingly, this writ petition is disposed of without expressing any opinion on the merits ofcase. There shall be no order as to costs. As a sequel, miscellaneous applications, if any pending, shall stand closed. I To, //TRUE COPY// SD/-N. SRIHARI ffiF1ull.qr""*- oFFtcER [) usecrtoru

1. The Principal Secretary, Ministry of Petroleum and Natural Gas (MOP and NG), Government of lndia, Shastri Bhavan, New Delhi - 110001.

2. The Principal Secretary, Revenue Department, Dr. B.R.Ambedkar Secretariat Buildings, Secretariat, Hyderabad, State Of Telangana.

3. The District Collector, Ranga Reddy Qistrict. 4 5 Bharat Petroleum Corporation Limited., (a Govt. of lndia enterprise), Re its Chairman and Managing Director, Bharat Bhavan, 4 and 6, Currim Road, Ballard Estate, Mumbai400001. The Territory Manager (Retail . Hyderabad), Bharat Petroleu Limited, (a Govt. of lndia enterprise), Hyderabad Retail Territo Bag No.4, HCL, Cherlapally, Hyderabad-500051, Telangana. mC ryO orporation ffice, Post One C0 to SRI MANU, Advocate [OPUCI 6 7. Qne QF to $RtJHANS|.y, CF|ITRAL QqvERNMENT CguNSEI- toPUCl 8 One CQ to SRIGADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENEBIA! OF lNQlA, High Court for the $tate of Telangana at Hyderabad I9PUCI e Lwg 9ps 11191rqR BEVENUE, High Court for lhe State pf Telangana at Hyderqpad [OUT] 10 Two Qp Copigs BSR BS r HIGH COURT DATED:1710312025 ORDER WP.No.3495 of 2025 1P.E ,J )(( L) 0I APn 202s i * .IPATC a a cO DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ./3 {-z F//4,//t -