HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.22941 of 2011 Date: September 21, 2011 Between: Ainolla Pavani … Petitioner And Bharat Petroleum Corporation Limited, Secunderabad. … Respondent * * * HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.22941 of 2011 O R D E R: This writ petition has been filed for declaring the action of the respondent in refusing to consider the proposed land situated in Kammeta village which is hardly at a distance of 100 feet from Yenkapally Cross Roads, for setting up a retail petrol outlet, as arbitrary and illegal. 2. The case of the petitioner is that pursuant to the notification issued by the respondent company, which was published in Andhra Jyothi newspaper issue dated 18th September 2010, inviting applications for awarding MS/HSD retail outlet dealership at Yenkapally village, Chevella Mandal, Ranga Reddy District, the writ petitioner is one of the candidates so responded. This dealership is reserved for open (woman) category. The writ petitioner has acquired land in the vicinity of Yenkapally Cross Roads and has proposed to establish a petrol retail outlet there. Since the respondent has failed to consider the said offer, the present writ petition has been instituted. 3. Sri O. Manohar Reddy, learned standing counsel for Bharat Petroleum Corporation Limited, has filed a detailed counter-affidavit in the matter. It is pointed out in the counter-affidavit that the respondent oil company has received four applications in response to the notification for establishing a petrol outlet at Yenkapally village, including that of the writ petitioner. One of those candidates has opted for availing corpus fund assistance, which is offered by the respondent oil company. The land offered by the writ petitioner has been got inspected by the committee constituted by the oil company which awarded ‘0’ marks after evaluating the site shown by the writ petitioner. It is not in dispute that the site shown by the petitioner is on the link road to the National Highway No.7 and National Highway No.9 on the stretch from Chevella – Shankarapally situated in Survey No.268/1/B at Kammeta village, Chevella Mandal, Ranga Reddy District and it is approximately 30 kms. away from the location which has been notified. It is further pointed out that the writ petitioner was given a Letter of Intent with a direction to identify a suitable site on the stretch from Chilkur to Moinabad on State Highway No.4 meeting the requirements specified in the notification. Since the writ petitioner has failed to provide the said site, the next follow up action could not be taken up even though the writ petitioner was included at serial No.1 in the merit list prepared after the interviews were conducted. 4. In view of the pleadings set up by the respondent oil company as to its decision that the site offered by the writ petitioner is unsuitable for establishing a petroleum outlet, as assessed by the committee, cannot be faulted. It is for the oil company to decide as to where to establish an outlet. The marketability of the petroleum products can be available at every place, particularly, where there is facility or usage of motor vehicles and that alone cannot be a factor for establishing retail outlets at all places. Strategic locations are bound to be chosen for the purpose of securing greater marketability. Further, convenience of motorists for securing the petroleum products is a paramount consideration in the mind of the respondent oil company. With the costs of the petroleum products increasing almost on a regular basis, the motorists should not be forced to go to a long distance only for securing a refill of the high speed diesel or petrol, as the case may be, for their motor vehicles. The decision of the oil company in finding the site offered by the writ petitioner as not suitable for establishment of a petroleum outlet cannot be construed as arbitrary or illegal. I therefore do not see any merit in this writ petition. 5. The writ petition is accordingly dismissed, however, if the petitioner is able to provide an alternative site as suggested by the respondent oil company within next thirty days from today, I am sure the respondent oil company will take the same into account and consideration and pass appropriate orders thereon. No costs. ________________________________ NOOTY RAMAMOHANA RAO, J Date: September 21, 2011. Note: Issue C.C. in three days. //B.O.// BSB