APHC010397852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20431 OF 2025 Between: Bhyri Venkata Ramana. S/o. Bhyri Suryanarayana, Aged about 35 years, Male, R/o. D.No.1/182, Peddaveedhi Srikakulam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies, Secretariat, Velagapudi, Amaravathi Guntur District, Andhra Pradesh. 2. The District Collector, Civil Supplies, Srikakulam District, Srikakulam. 3. Mandal Tahsildar, Civil Supplies, Srikakulam Mandal, Srikakulam. 4. The Commissioner, A.P. State Civil Supplies Corporation Ltd., 4th and 5th Floor, Corp. Office H. No. 1-152 1, Sri Sai Towers, Ashok Nagar, Beside Siris Company, Kanuru, Bandar Road, Vijayawada 520007. (R4 is impleaded in Writ Petition and Affidavit as per Order of the Court, dated 11.08.2025 vide order passed in I.A. No.2 of 2025.) ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No.2 in passing of the orders in RC.No.77/2024 SI, dated 04.03.2025 thereby cancellation of the B-form license No.12/2021 issued in favour of him i.e. the Proprietor, M/s. Raja Surya Vishalakshi Filling Station. Bhyri Village, Srikakulam Mandal and District is illegal, irregular, arbitrary and violation of the^ptQvisions of the Andhra Pradesh Petroleum Products (License and Regulation, Supplies) Order 1980 and also offends Articles 14, 19 g and 21 of Constitution of India and consequently set aside the order passed by the 2ND ; Respondent Dt. 04.03.2025, restore the B-Form License NO. 12/2021 in my favor. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order passed by the respondent No.2 in passing of the orders in RC.No.77/2024 SI, dated 04.03.2025 pending disposal of the petition. main writ Counsel for the Petitioner: SRI MANGENA SREE RAMA RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: ■p APHC01&397852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] .r WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20431/2025 Between: 1.BHYRI VENKATA RAMANA, S/0. BHYRI SURYANARAYANA AGED ABOUT 35 YEARS, MALE, PEDDAVEEDHI SRIKAKULAM DISTRICT. R/0. D.NO.1/182 ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES, SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT, ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, CIVIL SUPPLIES, SRIKAKULAM DISTRICT, SRIKAKULAM. 3.MANDAL TAHSILDAR, CIVIL SUPPLIES, MANUAL, SRIKAKULAM. SRIKAKULAM 4.THE COMMISSIONER, A.P. STATE CIVIL SUPPLIES CORPORATION LTD., 4TH AND 5TH FLOOR, CORP. OFFICE H. NO. 1-152 1, SRI SAI TOWERS, ASHOK NAGAR, BESIDE SIRIS COMPANY, 520007. KANURU, BANDAR ROAD, VIJAYAWADA R4 IS IMPLEADED IN WRIT PETITION AND AFFIDAVIT AS PER ORDER OF THE COURT, DATED 11.08.2025 VIDE ORDER PASSED IN I.A. N0.2 OF 2025. ...RESPONDENT(S): 2 VS,J W.P. No. 20431 of 2025 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No.2 in passing of the orders in RC.No.77/2024 SI, dated 04.03.2025 thereby cancellation of the B-form licence No. 12/2021 issued in favour of me i.e., the Proprietor, M/s.Raja Surya Vishalakshi Filling Station. Bhyri Village, Srikakutam Mandal and District is illegal, irregular, arbitrary and violation of the provisions of the Andhra Pradesh Petroleum Products (License and Regulation Supplies) Order 1980 and also offends Articles 14, 19 g and 21 of Constitution of India and consequently set aside the order passed by the 2ND Respondent Dt. 04.03.2025, restore the B-Form License NO. 12/2021 in my favor and pass lA NO; 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the order passed by the respondent No.2 in passing of the orders in RC.No.77/2024 SI, dated 04.03.2025 pending disposal of the main writ petition and pass lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to implead the proposed respondent No.4 as party respondent No.4 in the main writ petition and as well as other connected miscellaneous applications in the interest of justice and pass Counsel for the Petitioner; 1.MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 V5,J W.P. No. 20431 of 2025 ORDER: i This writ petition is filed under Article 226 of the Constitution of India seeking the following relief;- “....to issue a writ, order or a direction, more particuiarly one in the nature of Writ of Mandamus, declaring the action of the respondent No.2 in passing of the orders in RC.No.77/2024 SI, dated 04.03.2025 thereby cancellation of the B-form license No. 12/2021 issued in favour of me i.e., the Proprietor M/s Raja Surya Vishalakshi Filling Station, Bhyri Village, Srikakulam Mandal and District is illegal, irregular, arbitrary and violation of the provisions of the Andhra Pradesh Petroleum Products (License and Regulation Supplies) Order 1980 and also offends Articles 14, 19 g and 21 of Constitution of India and consequently set aside the order passed by the 2"^ Respondent Dt 04.03.2025 restore the B-Form License No. 12/2021 in my favor and pass such other order or orders... ” The petitioner is the proprietor of Raja Surya Visalakshmi Filling Station, which was established in the Bhyri Village of Srikakulam Mandal, extent of Ac.0.58 cents in R.S.No.31-2C. The aforesaid land was leased out by the petitioner’s father in favour of the petitioner for establishment of the said filling station. The petitioner applied for the B- Form license and vide proceedings dated 18.06.2021, the 2"^^ respondent issued license vide License No.12/2021 duly authorizing the petitioner to purchase, sell or store for sale of the petroleum products to retail outlet. 2. in an While the matter being so, one Metta Visalakshi, who claims to be the owner of the land to an extent of Ac.0.29 cents in Sy.No.31-2C, made a complaint on 23.11.2023 alleging that the petitioner had approached 3. 4 vsj W.P. No. 20431 of 2025 the said Metta Visalakshi and offered 50% partnership and requested her to give her land in which the petrol bunk has already been established. As action has been initiated by the respondents herein on her representation, she was constrained to file W.P.No.4393 of 2024, which was allowed by this Court with the following directions;- no “a. The action of Respondent Nos.2 to 4 is declared as illegal, arbitrary, unfair, malicious and contrary to the settled principles of law and also Rule 151 of Petroleum Rules, 2002; b. The Station House Officer, Rural Police Station, Srikakulam is directed to complete the investigation into the complaint lodged by the petitioner dated 23.11.2023 as early as possible, preferably within a period of six (06) months from the date of receipt of copy of this order. ” 4. Challenging the said order, the petitioner preferred Writ Appeal No.879 of 2024, which was allowed on 25.10.2024 as under;- “Be that as it may, we allow the present Writ Appeal. The judgment and order impugned is set aside. The BPCL, however, would be permitted to look into the complaint filed by the petitioner. The parties including the appellant would furnish the requisite documents before the three-member committee which has been 5 % vsj W.P.No.204il of 2025 constituted by the BPCL to look into the said complaint within a period of two months. The present grievance of the petitioner is that, in spite of 5. constituting a three-member committee, once again basing on a nd complaint dated 13.12.2024 made by some third parties, the 2 respondent has passed the impugned order cancelling the petitioner’s Form-B license as well as directing the petitioner to prefer an appeal under Clause 31(1) of the Andhra Pradesh Petroleum Products (License and Regulation of Supplies) Order, 1980, against the said order to the Commissioner of Civil Supplies, AP, Vijayawada, within 30 days from the date of receipt of the copy of the order. In pursuance of the same, the petitioner has preferred an appeal before the 4^'^ respondent. The petitioner has raised various grounds in the Writ Appeal that 6. without there being any authority, the respondents have seized the petitioner’s petrol bunk and have inspected the petrol bunk in the absence of the petitioner and have also stated that after disposal of the Writ Appeal preferred by the petitioner, the respondents, as an afterthought, without there being any complaint by any third parties, have conducted inspection in the absence of the petitioner. However, as the petitioner has already preferred the appeal before the 4*^ respondent herein on 29.03.2025, instead of going into the merits 7. 6 W.P.No. 20431 of 202b of the case, this Court feels it appropriate to dispose of the Writ Petition by directing the 4*^ respondent to pass appropriate orders on the appeal preferred by the petitioner on 29.03.2025, as expeditiously as possible, within a period of four (04) weeks, from the date of receipt of the copy of this order. The petitioner is at liberty to file an application before the 4 respondent seeking suspension of the impugned proceedings dated th 04.03.2025. Accordingly, the Writ Petition is disposed of. There shall be no 8. order as to costs. As a sequel. Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFITJER To, 1. The Principal Secretary, Civil Supplies, Secretariat, State of AP, Velagapudi, Amaravathi Guntur District, Andhra Pradesh. 2. The District Collector, Civil Supplies, Srikakulam District, Srikakulam. 3. Mandal Tahsildar, Civil Supplies, Srikakulam Mandal, Srikakulam. 4. The Commissioner, A.P. State Civil Supplies Corporation Ltd., 4th and 5th Floor, Corp. Office H. No. 1-152 1, Sri Sai Towers, Ashok Nagar, Beside Siris Company, Kanuru, Bandar Road, Vijayawada 520007 5. One CC to Sri. Mangena Sree Rama Rao Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 7. Two CD Copies qsc HIGH COURT DATED: 13/08/2025 ORDER WP NO. 20431 OF 2025 DISPOSING THE WP WITHOUT COSTS