THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23124 of 2001 ORDER: The effort of the petitioner for the past several years to get allotted a site by the respondent- Corporation, for the purpose of establishing a petroleum outlet, did not fructify. It was in the year 1976, that the petitioner made an application and was, in fact, allotted a site also. Deposit of substantial amount was also made. The petitioner filed W.P.No.4135 of 1986, complaining that the respondent did not take any steps for allotment of the plot. The writ petition was disposed of on 16.01.1989 with certain directions. Alleging that the respondent violated the directions issued by this Court in W.P.No.4135 of 1986, the petitioner filed C.C.No.152 of 1991. After discussing the matter at length, this Court found that there was no contempt on the part of the respondent. However, a direction was issued in the order, dated 03.09.1991, to the effect that in future, whenever the Corporation allots sites, the case of the petitioner shall be considered on priority basis. The petitioner contends that subsequent to the order passed by this Court in the Contempt Case, the respondent made allotment to others, ignoring his case. This writ petition is filed for a declaration that the action of the respondent in not allotting a site of 2,000 square yards in Autonagar, Hyderabad, is contrary to the directions issued by this Court in C.C.No.152 of 1991 and for consequential directions. The respondent filed a counter affidavit, admitting the factum of filing of writ petition and contempt case by the petitioner. It is stated that with a view to allot a site for establishment of the petroleum outlet in Autonagar, Hyderabad, an advertisement was issued in July 1997 in various newspapers and the petitioner did not respond to the same. It is also stated that one person, by name Renuka, who had a dealership of Bharat Petroleum Corporation Limited, was selected and the site was allotted. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Corporation. It is no doubt true that the petitioner has been making serious efforts to get a plot allotted, for the purpose of establishing a petroleum outlet. The first attempt did not fructify, on account of lack of understanding between the parties. W.P.No.4135 of 1986 filed by the petitioner was disposed of, directing that in case, the cheque issued to the petitioner was not encashed, the respondent shall consider the application of the petitioner. In C.C.No.152 of 1991, this Court held that though the petitioner did not encash the cheque, he had possession thereof and in that view of the matter, it cannot be said that there was any lapse on the part of the respondent. The ultimate direction issued in the C.C. reads as under: “However, in future, if the Corporation is allotting any sites, the case of the petitioner also may be considered for allotment on priority basis.” The petitioner would certainly have a genuine grievance, had it been a case, where he too applied for allotment, in response to the advertisement issued in July 1997. Admittedly, the petitioner did not present any claim. The question of according priority to the petitioner would arise, if only he was one of the applicants. When the petitioner did not submit any application, it cannot be said that the respondent has ignored the claim of the petitioner. Therefore, it is difficult to conclude that the respondent did not honour its obligation, flowing from the order of this Court in C.C.No.152 of 1991. Therefore, the writ petition is disposed of, directing that in case, any efforts are made, by the respondent- Corporation for allotment of the site in Autonagar, Hyderabad, the petitioner also submits an application, it shall be considered on priority basis. In addition to that, in case, there are any vacant plots, the respondent shall also consider the case of the petitioner, and communicate its decision, within one month (1) from the date of receipt of the application, in this regard. There shall be no order as to costs. _________ 25.11.2008 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23124 of 2001 Date: 25.11.2008 JSU