M Raghava Rao v. Bharat Petroleum Corporation Limited

THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.21832 OF 2016 ORDER:

This Writ Petition is filed seeking to declare the action of respondent No.2 in not disposing of the stay petition filed by the petitioner in the Appeal preferred challenging the order of termination, dated 07.06.2016, passed by respondent No.3, as illegal and arbitrary. The case of the petitioner is that his dealership was terminated on 07.06.2016 and aggrieved by the same, he filed an appeal on 21.06.2016 along with stay petition and as no orders are passed yet, the present Writ Petition is filed.

Learned counsel for the petitioner submits that earlier when the supplies for the entire retail outlet were stopped, petitioner filed a Writ Petition before this Court and this Court, disposed of the same directing the respondents to restore supplies of diesel and other petroleum products other than petrol, as petrol nozzles were sealed alleging adulteration and pursuant to the same, petitioner is operating diesel outlet.

On the other hand, Sri O. Manohar Reddy, learned counsel for respondent No.1, submits that once the order of termination is passed, petitioner cannot be permitted to operate the retail outlet.

Since the appeal filed against the termination order, dated 07.06.2016, is pending before the appellate authority along with stay petition, the appellate authority is directed to dispose of the appeal within a period of eight

(8) weeks from the date of receipt of a copy of this order. Till then, status quo obtaining as on today shall be maintained.

Subject to the above, the Writ Petition is disposed of. Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed. No costs.

__________________________ A. RAJASHEKER REDDY, J July 11, 2016 MD