THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO: 15215 OF 2001 DATED: 23.1.2008 Between: K.R.Kumara Swamy Petitioner And Hindustan Petroleum Corporation Limited rep by its Regional Manager, Egmoor, Chennai and others. Respondents THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO. 15215 of 2001 ORDER: In this writ petition, the petitioner is questioning the selection and appointment of the 3rd respondent herein as the L.P.G.Distributor for Nagari Town, Chittoor District. Heard the learned counsel for the petitioner as well as the learned standing counsel for respondents 1 and 2 and the 3rd respondent. In response to the notification issued by the Hindustan Petroleum Corporation Limited calling for applications for appointment of LPG Distributors, inter alia, for Nagari Town, the petitioner and the 3rd respondent claiming to be freedom fighters and Tamrapatra holders, have applied and the Selection Committee having interviewed both of them placed the 3rd respondent in the first place and the petitioner in the 3rd place. Challenging the same, the present writ petition is filed questioning the appointment of the 3rd respondent on two counts viz., that he respondent is not a native of Nagari Town of Chittoor District and that he is not a freedom fighter. Initially, this Court while admitting the writ petition has granted interim directions on 26.7.2001 and after filing vacate stay petition, this Court has vacated the said interim order. Questioning the same, the petitioner carried the matter in appeal being Writ Appeal No.2035 of 2001 and the same was also dismissed by this Court vide orders dated 4.1.2002. To appreciate the contentions, I have perused the counter affidavits filed by respondents 1 and 3. The only contention of the petitioner is that he is a resident of Nagari Town where as the 3rd respondent does not belong to Nagari Town and also to Chittoor District and, therefore, he should be preferred for the said dealership but instead the Selection Committee has preferred the 3rd respondent, who is a native of Pileru town. It is seen from the counters that the 3rd respondent is a freedom fighter and he was also awarded a Tamrapatra and that he is also receiving pension from the Ministry of Home Affairs, Government of India dated 18.2.1975 and that the pension is being regularly paid to him since 15th August, 1972. Therefore, it cannot be contended by the petitioner that the 3rd respondent is not a freedom fighter. Apart from that, in the notification issued it is categorically stated that a candidate belonging to any District in the State of Andhra Pradesh can apply for the dealership and it does not state that a resident of Nagari alone can apply or will be preferred. In the absence of any restriction regarding the town or village concerned, the petitioner cannot contend that the appointment of the 3rd respondent is illegal since he is not a resident of Nagari Town. Even according to the 3rd respondent, he is residing in Puttoor for taking the treatment and subsequently shifted his place of residence to Nagari Town. For the foregoing reasons, it cannot be said that the appointment of the 3rd respondent as LPG Distributor to Nagari Town is illegal. The writ petition is devoid of merits and it is accordingly dismissed. __________________ N.V.RAMANA,J DATE: 23.1.2008 msv