IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION Nos : 1812 & 13305 of 2008 WRIT PETITION NO : 1812 of 2008 Between: Venkateswara Petro Fills, Survey No.622, Beside Milk Chilling Centre, N.H.9, Chityal, Nalgonda District, rep. by Sri V.Venkateshwarlu. ..... PETITIONER AND 1 Sri Stephen Guite Indian Oil Corporation Limited, Divisional Office: G.V.R. Towers, 3rd Floor, Bharani Nagar, Ring Road, Vijayawada - 520 008. 2 Indian Oil Corporation Limited, a Company Registered under the Companies Act 1 of 1956 and having its Registered Office at "Indian Oil Bhavan" G-9, Ali Yavar Jung Marg, Bandra (East) Mumbai 400 051 & Divil. Office G.V.R.Towers, 3rd floor, Bharathi Nagar, Ring Road Vijayawada rep. by Senior Divil. Retail Sales Manager. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to declare the action of the 1st Respondent herein in issuing the impugned letter 24.01.2008 suspending Petitioner's sales forthwith as illegal, arbitrary, unjust and without jurisdiction by issuing appropriate writ, order or a direction one in the nature of Writ of Mandamus and pass such other order or orders. Counsel for the Petitioner: Ms.ANUSHA MAHMOOD Counsel for the Respondents : MR.P.V.SANJAY KUMAR And WRIT PETITION NO : 13305 of 2008 Between: Venkateswara Petro Fills, Survey No.622, Beside Milk Chilling Centre, N.H.9, Chityal, Nalgonda District, rep. by Sri V.Venkateshwarlu. ..... PETITIONER AND 1 Indian Oil Corporation Limited, a Company Registered under the Companies Act 1 of 1956 and having its Registered Office at "Indian Oil Bhavan" G-9, Ali Yavar Jung Marg, Bandra (East) Mumbai 400 051 & Divil. Office G.V.R.Towers, 3rd floor, Bharathi Nagar, Ring Road Vijayawada rep. by Chief Divisional Retail Sales Manager. ......RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to quash the impugned proceedings No.Ref: VJR: NG:28, dt.02-06-2008 issued by the Respondent corporation terminating forthwith the dealership agreement and calling upon the petitioner to hand over the products and vacant possession of the premises in accordance with the dealership agreement and to settle account immediately as illegal arbitrary unjust and against the principles of natural justice and by issuing appropriate writ order or a direction one in nature of writ of certiorari and pass such other orders. Counsel for the Petitioner:MR.MAHMOOD ALI Counsel for the Respondent : MR.P.V.SANJAY KUMAR The Court made the following : THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION Nos : 1812 & 13305 of 2008 COMMON ORDER: Sri Mahamood Ali, learned counsel appearing for the learned counsel for the petitioner in Writ Petition No. 1812 of 2008 and for the petitioner in Writ Petition No.13305 of 2008 states that the petitioner does not wish to pursue the writ petitions as disputed questions of facts are involved and would like to pursue appropriate remedies before the Civil Court of competent jurisdiction. In view of the submission, the writ petitions are dismissed as withdrawn. Any observations of this Court in the interim orders in these two writ petitions are not intended to be observations on the merits of the case and the appropriate Court considering any subsequent lis instituted by the petitioner shall consider such lis on the merits of the pleadings and the evidence on record therein. The writ petitions are dismissed as above. No costs. ____________________ GODA RAGHURAM,J DATE: 28th July, 2008 Note: Furnish c.c. urgently. B/o pnb