Erupa Jeevana Jyothi v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.18890 OF 2018

O R D E R

The case of the petitioner, as per the averments made in the affidavit filed in support of the writ petition is that, pursuant to notification dated 01.09.2017 issued by the 2nd respondent - Deputy General Manager, Hyderabad LPG Regional Office, Hindustan Petroleum Corporation, inviting applications from interest person for allotment of LPG Distributorship of HPC at Tadvai village and mandal, Jayashankar District, State of Telangana, she made application and vide letter dated 19.01.2018, issued by the 2nd respondent, she was declared successful in the draw of lots and accordingly she deposited the requisite amount by way of demand draft and filed necessary documents. While so, the 2nd respondent issued the impugned proceedings in Ref.

No.HPC12752024402102017 dated 4.6.2018 for allotment of LPG Distributorship by way of redraw of lots, and is contemplating to conduct interviews on 12.06.2018. Aggrieved by the same, the present writ petition is filed. Learned counsel for the petitioner submits that in the draw of lots, petitioner was successful and without canceling the same and without following the principles of natural justice, the 2nd respondent is conducting redraw of lots and the same is illegal and arbitrary.

Sri B.Mayur Reddy, learned Standing Counsel for respondents 2 and 3, on instructions, would submit that on verification of the information furnished by the petitioner, it was found that she is not having land for establishing godown in Tadvai village as per guidelines, and vide letter of the petitioner dated 29.05.2018 she informed that she do not have suitable land. Therefore, by proceedings of the 2nd respondent - Deputy General Manager dated 31.05.2018, the application of the petitioner for award of LPG distributorship was rejected and the same was served on the petitioner on 06.06.2018. Learned Standing Counsel further submits that if the petitioner has any grievance, she can avail the

grievance/complaint redressal system under Clause 27 of the Unified Guidelines for Selection of LPG Distributorship, 2016 (for short 'the Guidelines'). Learned counsel for the petitioner submits that the writ petition was filed on 6.6.2018 and as on the said date, petitioner was not served with the rejection order dated 31.05.2018. He submits that petitioner filed representation dated 29.05.2018 offering other land, but the same was not considered. However, the learned counsel for the petitioner could not dispute the alternative remedy available for redressing the grievance under the Guidelines. Since alternative remedy is available to the petitioner, without expressing any opinion on merits, writ petition is disposed of directing the petitioner to avail grievance / complaint redressal system under Clause 27 of the Guidelines within a period of one week from today, and on such filing of grievance, the competent authority is directed to consider the same and pass appropriate orders in accordance with law. Till then, respondents shall not issue Letter of Intent (LOI) to third party.

In case of default on the part of the petitioner in availing the alternative remedy available under the Guidelines within the time stipulated above, the interim arrangement made, shall stand cancelled and the respondents are at liberty to proceed in accordance with law.

Miscellaneous petitions pending, if any, shall stand closed. No costs. ---------------------------------------------- A.RAJASHEKER REDDY,J DATE:08-06-2018 Note: C.C in two days.

B/O AVS