IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 27422 of 2008 Between: M/s.Indian Oil Corporation, A Government of India Undertaking with its State Office situated at # 3-6-436 to 438 3rd floor, "Narsapur House" Himayathnagar, Hyderabad-500029 ..... PETITIONER AND 1.State of Andhra Pradesh, Department of Municipal Administration and Urban Development (TC.I) Department, Secretariat, Hyderabad, rep.by its Secretary 2.Andhra Pradesh Industrial Infrastructure corporation Limited, 5-9- 58/B,Parishrama Bhavan, Basheerbagh Hyderabad, rep.by its Vice Chairman & Managing Director 3.The Zonal Manager, AP Industrial Infrastructure Corporation Ltd., Industrial Estate Auto Nagar, Vijayawada Krishna District-520007 4.Chief General Manager (A&IC), AP Industrial Infrastructure Corporation Ltd., 5-9-58/B, Parishrama Bhavan, Basheerbagh Hyderabad 5.Industrial Area Local Authority, AP Industrial Infrastructur Corporation ltd., Industrial Estate, Kondapalli Ibrahimpatnam Mandal, Krishna District rep.by its Zonal Manager, 6.M/s.A.V.V.Satyanarayana Toll Tax Contractor (Aaseelu Contractor) Industrial Development ARea, Kondapalli Ibrahimpatnam Mandal, Krishna District 7.The District Collector,Krishna District, collectorate Building, Machilipatnam 8.The Tahsildar,Ibrahimpatnam Mandal Krishna District 9.Kondapalli Notified Gram Panchayat Industrial Areas Service Society, Industrial Development Area Kondapalli-521228, Ibrahimpatnam Mandal Krishna District, rep.by its Secretary .....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 pass order or orders or writ more particularly one in the nature of writ of mandamus declaring the action of Respondent No.2 to 5 and 9 in erecting the toll gate on the industrial estate road, Industrial Estate-Kondpally road and collect the toll tax (Aaseelu) From the trucks tankers and goods vehicles carrying various petroleum products from petroleum storage stations and LPG filling station of petitioner company situated inside the industrial estate and abutting industrial Estate of Kondapalli ,Ibrahimpatnam Mandal, Krishna District is discriminatory being violative of Article 14 of Constitution of India violative of fundamental rights guaranteed to the petitioner under Article 14 and 19(1)(g) of Constitution of India and constitutional guarantee under Article 300(A) of Constitution of India contrary to the scheme of the State Government introduced under Memo No.701/PTS-III/A1/2003-1 dated 25.4.2003 and G.O.Rt.No.551 dated 24.4.2003 of Municipal Administration & Urban Development (TC.1) Department of Government of Andhra Pradesh and direction given by Honorable Division Bench of Honorahble High Court of Andhra Pradesh to implement the said scheme vide orders in WP.No.3234 of 2004 and WP.No.9251 of 2003 and batch and further direction given by Respondent No.1 to implement the scheme under letter dated 13.8.2004 25.10.2007 and 18.6.2008 contrary to the economic policy to provide petroleum products at the best price to the Citizens introduced by Government of Andhra Pradesh and Central Government and restrain the respondent No.1 to 5 and 9 from collecting any toll tax from the vehicles engaged by the petitioner for carrying petroleum products from the petitioner storage station and LPC filling station situated inside the Industrial Estate and abutting the Industrial estate, of M/s.APIIC, at Kondaplly, Ibrahimpatnam, Krishna District. Counsel for the Petitioner: MR.DEEPAK BHATTACHARJEE Counsel for the Respondents: GP FOR MUNCIPAL ADMN. & URBAN DEV. The court made the following: THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR Writ Petition No.27422 of 2008 ORDER: (per Hon’ble Sri Justice Goda Raghuram) The petitioner, an Indian Oil Corporation and an undertaking of Union of India, is aggrieved by the action of respondent Nos.2 to 5 and 9 in erecting toll gate on the Industrial Estate-Kondapally road and collecting the toll tax from the trucks, tankers and goods vehicles carrying various petroleum products from petroleum storage stations and LPG filling station of the petitioner situated inside and abutting the Industrial Estate of Kondapalli, Ibrahimpatnam Mandal, Krishna District. The levy of the toll tax on the petitioner’s vehicles is pursuant to a Memo issued by the second respondent, dated 03.05.2008, which directs the Zonal Manager of the Vijayawada Unit of the A.P. Industrial Infrastructure Corporation Limited to ensure collection of the revenue generated through the maintenance of the toll gate and its remission to the A.P. Industrial Infrastructure Corporation Limited. This Memo of the second respondent, dated 03.05.2008, has been issued on the basis of an earlier Memo, dated 23.08.2005. After the writ petition was filed, the second respondent by IOM No.APIIC/LAC/KP/98, dated 18.12.2008, withdrew the earlier Memo, dated 23.08.2005, which was the basis of the Memo, dated 03.05.2008. Under the Memo, dated 18.12.2008 now issued, the Zonal Manager, Vijayawada is directed to stop the collection of the toll gate fee from the vehicles entering into IDA, Kondapalli. In view of the above development, the substantive grievance of the petitioner does not subsist. The writ petition is accordingly dismissed as infructuous. No costs. _____________________ GODA RAGHURAM, J ______________________ SANJAY KUMAR, J 22.12.2008 VGB