IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12784 of 2005 Between: G. Narahari, S/o. Ramchandram, R/O.Buttareddygudem, Kamalapur Mandal, Karimnagar District, Presently residing at C/o. Venkatnarsai C-36, S.R. Nagar, Hyderabad. ..... PETITIONER AND M/s. Indian Oil Corporation Limited, No. 3/6/436-438, 2nd Floor, Nasapur House, Himayathnagar, Hyderabad - 500 029. .....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 issue a Writ or order or direction particularly in the nature of Writ of Mandamus by declaring the action of the Respondent is arbitrary, illegal, malafide and in violationof guidelines under Indian Oil Corporation and in violation of reservation policy as well as the violation of Article 19 and 21 of the Constitution of India by set asiding the Amended Notification dated 07-05- 2005 and consequently direct the respondent to remain the Pasara Vilalge outlet as a Feedom Fighter Category by permitting the Petitioner to apply the said Pasara Village outlet under Freedom Fighters category and pass such orders and further orders or any orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.P.MEHAR SRINIVASA RAO Counsel for the Respondent No.: MR.P.V.SANJAY KUMAR The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12784 of 2005 ORDER: It is the case of the petitioner that he is a freedom fighter and interested for retail outlet dealership and pursuant to the Notification dated 29-04-2005 issued by the respondent-Indian Oil Corporation Limited for retail outlet dealership of Pasara Village of Warangal District, under the category of freedom fighters, he became ready to pay security deposit, necessary investment etc., and accordingly, submitted an application on 31-05-2005. While so, the corrigendum of gazette notification has been issued on 07-05- 2005 rectifying the earlier notification, dated 29-04-2005, reserving the retail outlet of Pasara Village of Warangal District to the category of scheduled tribes instead of the category of freedom fighters. The petitioner questions the said corrigendum notification on the ground that there was no material whatsoever for changing of the retail outlet from the category of freedom fighters to the category of scheduled tribes and, therefore, seeks to declare the said rectification as illegal and arbitrary. A counter has been filed stating that Pasara Village is located in a scheduled area and the transactions of immovable properties are limited among the persons of the scheduled tribes alone and procurement of the land in favour of non-scheduled persons is difficult. It is stated that the reservation in favour of the scheduled Tribes has been made as per the roster prescribed by the Ministry of Petroleum and Natural Gas, Government of India, and as such, the reservation of the said retail outlet has been changed from the category of freedom fighters to the category of scheduled tribes and, therefore, the application of the petitioner, dated 31-05-2005 was not accepted. Learned counsel appearing for the petitioner submits that there is no basis to state that reservation has been changed as per roaster prescribed by the Ministry of Petroleum and Natural Gas, Government of India, and in fact, the retail outlet has been established in a private land, but not in a scheduled area. Admittedly, no such reply or material has been placed before this court. But, even assuming that the said retail outlet has been established in a private land, I am of the opinion that reserving the retail outlet at Pasara Village in favour of the Scheduled Tribes cannot be said to be illegal. In fact, a scheduled tribe candidate can establish retail outlet either in a scheduled area or in a private land. The only question that arises for consideration is as to whether the Notification for retail outlet changing the category from freedom fighters to the category of scheduled tribe is legal or not. It is stated that reservation in favour of the scheduled tribe was made as per the roster prescribed by the Ministry of Petroleum and Natural Gas, Government of India. Therefore, it cannot be said that there is any malafide intention or that the notification was changed with a view to deprive the right of the petitioner. In view of the aforesaid facts and circumstances of the case, I do not see any merit in the writ petition and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 12-03-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}