- (1.) The petitioner in both the writ petitions is one and the same. The Respondents No.2 and 3 in Writ Petition No.6411 of 2002 are the Respondents in Writ Petition No. 15367 of 2002. The Respondent No.l in Writ Petition No.6411 of 2002 is M/s. IBP Company Limited.
(2.) The petitioner filed Writ Petition No.6411 of 2002 to declare the action of the M/s. IBP Company Limited in transferring the dealership of SKO/LDO to M/s. Satyanarayana Trading Company, Guntur in favour of his brother Sri Nalam Umamaheswara Rao, (Respondent No.3) as illegal. Writ Petition No. 15367 of 2002 is filed questioning the consequential granting of license by the Joint Collector in favour of his brother Sri Nalam Umamaheswara Rao to carry on kerosene dealership of M/s IBP Company Limited as illegal and is in violation of principle of natural justice and to set aside the same.
(3.) The father of the petitioner late Sri Nalam Subba Rao, trading in the name and style of M/s. Satyanarayana Trading Company, Guntur, was a proprietary concern. Late Sri Nalam Subba Rao died on 22-5-2001 leaving behind the petitioner, his brother Nalam Umamaheswara Rao and four daughters namely Chakka Ratnavali, Addepalli Leelavathi, Voora Padmavathi and Tadavarthi Bharati. Consequent upon the death of late Sri Nalam Subba Rao his two sons and four daughters are eligible for consideration to succeed to the said dealership as legal heirs of the original licensee. Late Sri Nalam Subba Rao entered into agreement of SKO/LDO dealership on 24-10-1991 with M/s IBP Company Limited and Clause 12 of the agreement is as follows: "12. The Dealer shall not sell, assign, mortgage or part with or otherwise transfer his interest in the dealership or the right, interest or benefit conferred on him by this agreement to any person, xxxxxxxx" Clause 27 of the agreement is as follows: "27. For the purposes of these presents, the expression "the Company" shall unless, repugnant to the context or meaning thereof be deemed to include its successors and assigns, and the expressions "the Dealer" shall unless repugnant to the context or meaning thereof be deemed to include (1) where the Dealer is a single individual, his/ her heirs, executors, administrators and permitted assigns (2) where the Dealer is a firm, the specified partners thereof at the date of these presents, their respective heirs, executors and administrators, the partners for the time being of such firm, the survivors or survivor of such partners and the heirs, executors and administrators of the last surviving partner and (3) where the Dealer is a Company or other incorporated body its successors and permitted assigns.";