The Indian Oil Corporation Ltd v. The Government Of Telangana

HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.769 of 2018 Date: 28.06.2018 Between :

The Indian Oil Corporation Limited ... Petitioner And The Government of Telangana, Rep. by its Commissioner & E.O. Principal Secretary to Govt., Dept. of Consumer Affairs, Food & Civil Supplies, Erramanzil, Somajiguda, Hyderabad and others ... Respondents COUNSEL FOR PETITIONER : Mr. Dominic Fernandes COUNSEL FOR RESPONDENTS : A.G.P. for Civil Supplies (TS) for R1 and R2 Mr. Gokula Rama Rao for R3 Mr. P. Venkat Swamy for R4 THE COURT MADE THE FOLLOWING:

ORDER : (per Hon'ble Sri Justice C.V. Nagarjuna Reddy) This writ petition is filed for issue of Mandamus declaring the action of respondent No.2 in proceeding with E.A.No.61 of 2015 during the pendency of the revision preferred before the State Consumer Disputes Redressal Commission, Hyderabad (for brevity "the State Commission"), as illegal and arbitrary. We have heard the learned counsel for the petitioner and perused the record.

From the averments made in the affidavit filed in support of the writ petition, it is evident that the petitioner has filed R.P.No.39 of 2017 with the same grievance with which it has filed the present writ petition. Ordinarily, a person is not entitled to pursue parallel remedies. In this view of the matter, we are not inclined to entertain this writ petition.

Accordingly, without adjudicating on the merits of the pleas raised in this writ petition, we dismiss this writ petition, however, with liberty to the petitioner to pursue R.P.No.39 of 2017 stated to be pending before the State Commission. It is, however, made clear that if R.P.No.39 of 2017 has already been disposed of on merits, the petitioner is entitled to approach this Court for availing a fresh remedy, if it feels aggrieved by the order in R.P.No.39 of 2017. To

enable the petitioner to seek appropriate interim relief in the above R.P.No.39 of 2017 pending before the State Commission, interim order dated 05.01.2018 passed by this Court shall stand extended for a period of four (4) weeks from today. No order as to costs. As a sequel, I.A.No.1 of 2018 shall stand disposed of. __________________________ C.V. NAGARJUNA REDDY, J ____________________________ GUDISEVA SHYAM PRASAD, J 28.06.2018.

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HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.769 of 2018 28.06.2018 Msr