IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 10649 of 2008 Between: Chirala Srinivasa Reddy S/o. Sri Sitarama Reddy, R/o. 1-127, Old Post Office Road, Prattipadu, Guntur District. ..... PETITIONER AND 1 The District Collector and District Magistrate, Guntur District,Guntur. 2 Burri Ravi Kumar, Proprietor, M/s Aruna Agencies, IOC Dealer, Prathipadu Village and Mandal, Guntur District. 3. A.P. State Commission for SC's & STs., Rep. by its Secretary M6 Block, Housing Board Complex, M.J.Road, Nampally, Hyderabad 1 .....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 issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 1st respondent in not issuing the No Objection Certificate to the petitioner for established a retail outlet of Hindustan Petroleum Corporation Limited at Prathipadu Village and Mandal, Guntur District is contrary to law, illegal, null and void and to pass Counsel for the Petitioner: MR.K.DURGA PRASAD Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORAL ORDER: Seeking a writ of mandamus declaring inaction on the part of the first respondent in not issuing No Objection Certificate to the petitioner for establishing a retail outlet of Hindustan Petroleum Corporation Limited at Prathipadu village and Mandal, Guntur District, this writ petition is filed. Case of the petitioner is that pursuant to the notification in Eenadu and The Hindu newspapers dated 21.7.2007 for award of a retail outlet dealership at Prathipadu, Guntur District, the petitioner applied for allotment of retail outlet dealership and after undergoing the process of selection, the Hindustan Petroleum Corporation Limited issued a letter of intent to the petitioner for such dealership on the condition of the petitioner fulfilling the conditions and also requested the first respondent to grant No Objection Certificate. The petitioner provided the place as per the specifications of the Petroleum Company and also deposited a sum of Rs.2.00 lakhs on 20.2.2008 by way of demand draft. While so, the second respondent made an application to the third respondent to stop sanction of the retail outlet, which in turn, on 10.12.2007, has written to the first respondent to enquire into the matter and not to issue No Objection Certificate for new proposal of establishing retail outlets. While so, the Hindustan Petroleum Corporation Limited wrote letter, dated 21.1.2008, to the 3rd respondent to the effect that 2nd respondent cannot seek such a direction against the petitioner. The 2nd respondent again made another representation, dated 11.3.2008, to the 3rd respondent, basing on which the 3rd respondent wrote to the first respondent not to issue No Objection Certificate to the petitioner and also for the new proposal of retail outlet. It is also his case that in view of the request made by the 3rd respondent, the first respondent is not issuing No Objection Certificate. It is averred that the first respondent has called for the reports from various authorities for grant of No Objection Certificate vide his letter dated 22.2.2008 and the Hindustan Petroleum Corporation Limited, by their letter dated 5.2.2008, has made a request to the first respondent to issue No Objection Certificate. Heard learned Government Pleader appearing on behalf of the first respondent. He submits that the representation dated 05.2.2008 addressed by the Petroleum Company, the respondents be directed to dispose of the same. Having regard to the facts and circumstances of the case, the respondent No.1 is directed to consider and dispose of the representation dated 5.2.2008 addressed by the Hindustan Petroleum Company Limited, Vijayawada, and pass appropriate orders, in accordance with law. With this direction the writ petition stands disposed of. No order as to costs. ______________ G.Chandraiah, J. May 7, 2008 MAS