The High Court · 2025
Case Details
Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Order or Direction more particularly one in the nature of a Writ of IVANDAMUS, declaring the Letter issued by the 2nd Respondent herein in Ref.No.TAPSO/L/S/ Sesharatnam, dated 3OlOOl202S, suspending the Distributorship of the Petitioner for a period of three months i.e. from 1glO6t2O2S to 1Blogl2025, or until such time as a favourable order is received in appeal against the judgment passed in Spl.S.C.No.107 of 2O2O, on the file of the Honourable Special Judge for Trial of Cases under SCs/STs (PoA) Act-cum-ll Additional Sessions Judge, Nizamabad, dated 06.06.2025 and directing to handover all the stocks of Cylinders, PRs, and records etc., to other Agencies named in the said letter, as illegal, arbitrary and violative of Article 14 and 19(1Xg) of the Constitution of lndia and Consequently setaside the same and restore the Gas Agency in favour of the Petitioner, in view of the order passed by the Hon'ble High Court in lANo.1 of 2025 in CRLANo.656 of 2025, dated 04.O7.2025, wherein while admitting the Appeal filed by the Petitioner herein and another, suspending the Sentence passed in Spl.S.C.No.107 of 2020, dated06.06.2025, on the file of the Hon'ble Special Judge for Trial of Cases under SCs/STs (PoA) Act-cum-ll Additional Sessions Judge, Nizamabad, forthwith. 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 Court may be pleased to direct the 2nd Respondent herein to restore the Petitioner's Gas Agency operations in favour of the Petitioner, which was suspended pursuant to the letter in Ref.No.TAPSO/L/S/ Sesharatnam, dated 30.06.2025, temporarily handed over the same to the nearby two Agencies, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI K.R.SASIDHARAN NAIR Counsel for the Respondent No.1 : GP FOR CIVIL SUPPLIEST Counsel forthe Respondent Nos.2 & 3: SRI DOMINIC FERNANDES, SC FOR tocL The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETIT IoN No.2719O OF 2()25 ORDER: Petitioner seeks to set aside the letter, dt'3} '06 '2025, issued by the 2"d respondent suspending its distributorship for a period of three months i..e, from 19.06.2025 to 18'09'2025 or until such time a favourable order is received in appea! preferred by the petitioner before this Court in Cr1.A.No.656 of 2025 against the judgment in Spl.SC.No.l07 of 2O2O, dL-O6.O6'2O25, and consequently restore the gas agency in favour of the petitioner in view of the order passed by this Court in IA.No'1 of 2025 in Cr1.A.No.656 ot 2025, dt.O4.O7 .2025, suspending the sentence passed in Spl.SC.No. lO7 of 2O2O.
2. Heard learned counscl lor petitioner and Sri Dominic Fernandes, learned Standing Counsel appearing for respondent Nos.2 & 3
3. When the matter is taken up for hearing, learned Standing Counsel appearing for respondents submits that if the petitioner makes an application/ representation seeking restoration of gas agency in favour of the petitioncr, the authorities will consider and pass appropriate orders, in accordance with law.
4. On the above submission made by the iearned Standing Counsel, learned counsei for the petiticncr submits that the I r l r- 2 petitioner would file an application/ representation before thc 2"d respondent within a period of one (01) week and the authorities may be directed to consider and pass orders by hxing a time frame'
5. Since, the interim suspension order passed by this Court in I.A.No. 1 of 2025 Cr1.A.No.656 of 2025, dt.04.O7.2025, is subsequent to the impugned letter issued by the 2nd respondent, and as the learned Standing Counsel appearing for respondent Nos.2 and 3 now stated before this Court that il the petitioner makes an application bringing to the notice ol thc said authority the above order passed by this Court, the authorities would consider the same, without going into the merits of the matter, this Court directs the petitioner to submit an applicalion to the 2'd respondent seeking restoration of Gas Agency in its favour within a period of one (01) week from the date of receipt ol a copl' of this order. On such appiication being hled, the 2nd r(tpondent shall consider and pass orders, in accordance with larv. 6 Subject to the above directions, the Writ Petition is disposed of. No order as to costs Consequently, miscellaneous applications, pending if any, shall stand closed. SD/-P. PONNA KRISHNA IS ANT REGISTRAR \ ECTION OFFICER //TRUE COPYII
1. The Principal Secreta ry, State of Telangana, Consuni fuer Affairs, Food and Civil Suppiies Department, Secretariat Buildinqs, Hyderabad To I 2 I!: 9:"qrl Manager t/C (Lpc), tndian Oit Cdrporation Limited, A Comoanv incorporated in India underthe tndian companieiAit, igso,'iuiririiiii""-"' Registered office ar Mumbai, retangan, i'iJniir,iJ"prroerh State office. lndian oit Bhavan, Fatehbash, Moo;p"t. krrirti'iliv iro*iriirE.trte]'di"riat Nagar Post, Hyderabad -s06oi s, retii,olna st iJ"' "' I ne Senior Area Manaoer lndian.Oil C&poration Limited, Area Office at Secunderabad, Andhripradesn, r,,ror-ai ?eian.I*' Si"t" 9n" 9Q to SRt K.R.sAStDH4Bl\lt NAtR, Aavo;iJtopuct rwo CCs to Gp FOR ctvtl sUppLtES. Hish C;;;f; the State of Telan_gana, at Hyderabad. [OUTI one cc to sRt ooMtNtc r'eRuAruors, sc FoR tocl topucl Two CD Copies 3 4 t c) 7 PSK. BS (e I HIGH COURT DATED:1010912025 ORDER WP.No.27190 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ( A- I-f 1 as