IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL Nos.430 & 482 of 2008 W.A.No.430 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 24/03/2008 in WP NO : 3233 OF 2008 on the file of the High Court.) Between: Shaik Mahaboob Subani, S/o. Shaik Abdul Sattar, R/o. H.No. 17-2-3/234, Golusukondalarao Nagar, Suddapalli Donka, Old Guntur, Guntur (District). ..... APPELLANT AND 1 The Hindustan Petroleum Corporation Limited, Rep. by its Chairman & Managing Director, Mumbai, Maharastra State. 2 The General Manager, Hindustan Petroleum Corporation Limited, Egmore, Chennai. 3 State Level Coordinator, Hindustan Petroleum Corporation Limited, S.D. Road, Secunderabad. 4 The Regional Manager, Hindustan Petroleum Corporation Limited, Anantapur, Andhra Pradesh. .....RESPONDENTS Counsel for the Appellant :MR.N.VASUDEVA REDDY Counsel for the Respondents : MR.P.V.SANJAY KUMAR W.A.No.482 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 24/03/2008 in WP NO : 3233 OF 2008 on the file of the High Court.) Between: The Regional Manager, Hindustan Petroleum Corporation Limited, Anantapur, Andhra Pradesh. ..... APPELLANT AND 1 Shaik Mahaboob Subani, S/o. Shaik Abdul Sattar, R/o. H.No. 17-2-3/234, Golusukondalarao Nagar, Suddapalli Donka, Old Guntur, Guntur. 2 The Hindustan Petroleum Corporation Limited, Rep. byits Chairman & Managing Director, Mumbai, Maharastra State. 3 The General Manager, Hindustan Petroleum Corporation Limited, Egmore, Chennai. 4 State Level Coordinator, Hindustan Petroleum Corporation Limited, S.D. Road, Secunderabad. .....RESPONDENTS Counsel for the Appellant :MR.P.V.SANJAY KUMAR Counsel for the Respondents : MR.N.VASUDEVA REDDY The Court made the following : HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL Nos.430 & 482 of 2008 COMMON JUDGMENT : (Per Hon’ble The Chief Justice Sri Anil R.Dave) These two appeals have been directed against the judgment delivered in writ petition no.3233 of 2008 dated 24th March 2008, and, therefore, at the request of the learned advocates, both the appeals are being taken up for hearing together. First of all, facts with regard to writ appeal no.430 of 2008 are considered. The appellant in this appeal is a prospective dealer of LPG. The dealership was to be given by the 1st respondent – Hindustan Petroleum Corporation Limited. As the appellant could not produce certain certificates at the time when application was submitted by him, he was not given dealership, and, therefore, he had approached this Court with a prayer that he be given dealership of LPG. After hearing the concerned advocates, the learned single judge dismissed the petition, however, gave a direction to the 1st respondent – Corporation to give necessary advertisements inviting applications from prospective dealers within two months from the date on which the judgment was delivered i.e. 24th March 2008. Upon hearing the learned advocates and looking to the facts of the case, we find that the appellant could not annex the DGR certificates along with his application, and, therefore, his case was not considered by the 1st respondent – Corporation. We have gone through the guidelines, which makes it obligatory on the part of the applicant to annex DGR certificate along with the application. The learned advocate appearing for the 1st respondent – Corporation has submitted that very often they want the correctness of the certificate to be verified by certain authorities, and, therefore, the Corporation wanted the certificate to be annexed to the application. As the certificate was not annexed, case of the present appellant was not considered. The learned single judge found substance in the said submission made on behalf of the 1st respondent – Corporation and we too find that the reason assigned by the 1st respondent – Corporation is just, and, therefore, do not find any substance in this appeal, and therefore, this appeal is dismissed. So far as the 2nd appeal namely writ appeal no.482 of 2008 is concerned, it has been filed by Hindustan Petroleum Corporation Limited, who wants to give dealership in respect of LPG. The Corporation has been aggrieved by the direction that it must give fresh advertisement inviting offers from the prospective dealers within two months from the date of the order. Learned advocate Sri P.V.Sanjay Kumar, appearing for the Corporation, appellant in this appeal, has submitted that it is not possible for the Corporation to issue fresh advertisement within the time prescribed by the learned single judge for the reason that certain further facts will have to be considered in view of changed circumstances. He has submitted that it was not open to the learned single judge to give any such directions because it is exclusively within the domain of the Corporation to decide as to how it has to do its business, and, therefore, it has been submitted by him that such a direction should not have been given. According to him, as dealer could not be appointed at an earlier point of time, perhaps some other Corporations will have to be consulted and for that purpose, atleast one years’ time will be required. He has, therefore, prayed that atleast one years’ time be granted. We have considered the facts of the case. We have noted the fact that infact, a dealer is to be appointed in the area. We are also of the view that the dealer be appointed at an early date because that would be in the interest of people, as there would not be any dealer in the area where a dealer is to be appointed. Looking to the facts of the case and in view of the submissions made by the learned advocate appearing on behalf of the 1st respondent – Corporation, we modify the impugned order to the effect that fresh advertisement shall be given as soon as possible and the entire process with regard to appointment of dealer shall be completed by or before 31st January 2009. We are sure that due efforts would be made by the Corporation to see that advertisement is given as soon as possible. The ultimate effect of the order is that the impugned order is modified to the effect that the advertisement inviting applications for dealership shall be published as soon as possible and the Corporation shall complete the entire process with regard to appointment of dealer by or before 31st January 2009. Subject to aforesaid observations and modification, the appeal stands disposed of. _________________ ANIL R. DAVE, CJ 1st May 2008 ______________________ R. SUBHASH REDDY, J ajr To 1 The Chairman & Managing Director, Hindustan Petroleum Corporation Limited, Mumbai, Maharastra State. 2 The General Manager, Hindustan Petroleum Corporation Limited, Egmore, Chennai. 3 State Level Coordinator, Hindustan Petroleum Corporation Limited, S.D. Road, Secunderabad. 4 The Regional Manager, Hindustan Petroleum Corporation Limited, Anantapur, Andhra Pradesh.