IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 12196 of 2005 Between : Sri Pamulapati Kiran Kumar, s/o Sri P.Vijay Kumar, Resident of VNR Towers, Flat No.208, Rajendranagar 1st Lane, Guntur- 07. ..... PETITIONER AND 1 Andhra Pradesh Industrial Infrastructure Corporation Limited, Local Authority Cell, Autonagar, Guntur rep., by its Zonal Manager (D), & Commissioner. 2 Andhra Pradesh Industrial Infrastructure Corporation Limited, Parisrama Bhavanam, 6th Floor, 5-9-58/B, Fateh Maidan Road, PO Bag No.5, Hyderabad-29, rep., by its Managing Director. 3 Government of Andhra Pradesh, rep., by its Secretary (Revenue CS), Secretariat, Hyderabad. .....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 a writ, direction or order especially in the nature of writ of mandamus declare that the petitioner is entitled to carry on business of running of petrol pump in view of the Form B licence issued under the Andhra Pradesh Petroleum Products (Licencing and Regulation of Supplies Order:1980), Petroleum Rules, 2002 and the permission issued by the Collector without the consent of respondents 1 and 2 and pass such other order(s) as this Hon'ble Court deems fit and proper. Counsel for the Petitioner : MR.S.RAVI Counsel for the Respondents : GP FOR CIVIL SUPPLIES The Court made the following : ORDER : In this writ petition, the petitioner seeks a declaration by way of Mandamus, declaring that he is entitled to run the petrol pump, based on the B-Form license, in a plot admeasuring 827.62 square yards in the industrial area in Survey No.126, situated at Agathavarappadu village in Guntur District. 2. In the aforesaid industrial area, a plot admeasuring 827.62 square yards was initially allotted to one Abdul Khayyam, to set up an industry of Auto mechanical works. After the death of the original allottee, the petitioner has purchased the said plot from his legal heirs, and has also entered into dealership agreement with Bharat Petroleum Corporation, to run a retail outlet. The authorities concerned i.e. the Revenue Divisional Officer, Divisional Fire Officer, the District Medical Officer, etc., have already given their clearances to run the petroleum outlet. When the application of petitioner is pending for grant of license, the District Collector, Guntur, has addressed a letter, dated 10.11.2004, to the Zonal Manager of A.P. Industrial Infrastructure Limited, Industrial District, Vijayawada, to grant necessary clearance to the petitioner to run the petrol pump. When the petitioner has approached the Zonal Manager/Commissioner, petitioner was addressed a letter, dated 18th February 2005, issued in letter No.555- A(I&II)/AN-GNT/05, stating that unless there is approval with regard to change of line of activity, no further steps shall be taken by the petitioner. At that point of time, the writ petition was filed, questioning interference by the respondents. 3. During the course of arguments, it is brought to the notice of this Court by the learned counsel for petitioner Sri S.Ravi, that circular instructions, dated 4th February 2005, were issued by the A.P.Industrial Infrastructure Corporation Limited, in Circular No.334/DW/2004, regarding grant of permissions for establishing the petroleum retail outlets in the allotted plots in the industrial areas, subject to certain conditions. It is the case of the petitioner that his claim for setting up of a petroleum pump, will fit into the instructions notified under Circular No.334/DW/2004. 4. On the other hand, it is submitted by the learned Government Pleader appearing for the respondents that when the application was made by the petitioner, a reference was made by the District Collector to the Zonal Manager, and the Zonal Manager in turn, has sent the proposals to the head office for appropriate orders with regard to approval of the proposed line of activity by the petitioner, in the plot in question. 5. Though a declaration is sought for in the writ petition to the effect that the petitioner is entitled to carry on the business of running a petrol pump, but however, as no decision is taken by the A.P. Industrial Infrastructure Corporation on the application submitted by the petitioner for change of line of activity, pursuant to the reference made by the Zonal Manager, I deem it appropriate to dispose of this writ petition, directing the respondents to consider the proposals, which are stated to be pending consideration, for change of line of activity by the petitioner, in the plot in question. It is needless to observe that whenever the matter is taken up, petitioner shall be given an opportunity of being heard, and a decision shall be taken accordingly. By way of an interim order, dated 11th July 2005, this Court has directed the parties to maintain status quo. In that view of the matter, pending consideration by the respondents on the claim of the petitioner for change of line of activity, status quo shall be maintained with regard to the activity as of today, till appropriate decision is taken thereon, and communicated to the petitioner. 6. Subject to above directions, the writ petition is disposed of. No order as to costs. _____________________ R.SUBHASH REDDY, J 16th June 2009 ajr