APHC010928252018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 44853/2018 Between: 1. M/S. INDIAN OIL CORPORATION LIMITED, A GOVERNMENT OF INDIA ENTERPRISE WITH ITS STATE OFFICE SITUATED AT 3-6- 436 TO 438, II AND III FLOOR, NASPUR HOUSE, HIMAYAT NAGAR, HYDERABAD, TELANGANA 500029 REPRESENTED BY ITS AUTHORIZED SIGNATORY SHRI VALLURU RAJ ASEKHAR REDDY. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY. 2. THE DISTRICT SUPPLY OFFICER, CHITTOOR DISTRICT, OFFICE OF THE COLLECTOR (CS), CHITTOOR, ANDHRA PRADESH 517002. 3. THE JOINT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR, ANDHRA PRADESH 517002 4. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR, ANDHRA PRADESH 517002 5. THE PRINCIPAL SECRETARY, DEPARTMENT OF CIVIL SUPPLIES, SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH 6. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, GOVERNMENT OF INDIA, MINISTRY OF COMMERCE AND INDUSTRY, PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION(PESO), 7-20-13, KIRIAMPUDI LAYOUT, 2 VISAKHAPATNAM-530017. ...RESPONDENT(S): 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 toto issue a writ or order or a direction, more particularly in the nature of a writ of Mandamus declaring the action of the Respondent No.2, i.e. the District Supply Officer, Chittoor District in passing an order issued under the orders of Joint Collector, Chitt000r with proceedings No. C-1/236/2018 dated 15.10.2018 directing the Petitioner to shift the existing LPG Godown of M/s Leelasri IOCL Gas Agency, Chittoor in the premises with House No. 22-272/5, Lawyers Colony, Kattamanchi, Chittoor District, Andhra Pradesh, as arbitrary, illegal, violative of the fundamental rights guaranteed to the petitioner under Article 14, 19(1)(g) of the Constitution of India and Constitutional Guarantee under Article 300-A of the Constitution of India, contrary to Gas Cylinder Rules 2016 framed under Explosives Act and contrary to the Petroleum rules framed under the Petroleum Act, without jurisdiction and set aside the in the interest of justice and pass IA NO: 1 OF 2018 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 orders of the District Supply Officer, Chittor District issued under the orders of Joint Collector, Chitt000r with proceedings No. C-1/236/2018 dated 15.10.2018 directing the Petitioner to shift the existing LPG Godown of M/s Leelasri IOCL Gas Agency, Chittoor to non residential area, during the pendency of the above referred writ petition, in the interest of justice and pass Counsel for the Petitioner: 1. DISHIT BHATTACHARJEE 2. SAI SANJAY SURANENI Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. HARINATH N (DEPUTY SOLICITOR GENERAL OF INDIA) 3. GP FOR CIVIL SUPPLIES (AP) 3 The Court made the following ORDER: The present writ petition is filed under Article 226 of the Constitution of India, seeking the following relief: “…declaring the action of the respondent No.2 i.e. the District Supply Ofrficer, Chittoor District in passing an order issued under the orders of Joint Collector, Chittoor with proceedings No.C-1/236/2018 dated 15.10.2018 directing the petitioner to shift the existing LPG Godown of M/s Leelasri IOCL Gas Agency, Chittoor in the premises with House No.22-272/5, Lawyers Colony, Kattamanchi, Chittoor District, Andhra Pradesh, as arbitrary, illegal, violative of the fundamental rights guaranteed to the petitioner under Article 14, 19(1)(g) of the Constitution of India and Constitutional Guarantee under Article 300- A of the Constitution of India, contrary to Gas Cyliner Rules 2016 framed under explosives Act and contrary to the Petroleum rules framed under the Petroleum Act, without jurisdiction and set aside in the interest of justice and pass such further or other orders…” 2. When the writ petition came up for admission on 11.12.2018, this Court has passed the following interim order: “The Indian Oil Corporation, challenges the order dated 15.10.2018 directing the petitioner-company to shift the existing LPG Godown from the present location to outside the town limits, the place where there are no residential houses located. The proceedings would go to show that after the construction of godown, several houses have come up in the vicinity of godown. However, it appears from reading of the proceedings that the houses are located at about 100 feet from the existing godown. Learned Senior Counsel appearing for the petitioner, by placing reliance on the Gas Cylinders Rules, 2016 notified on 22.11.2016, would submit that as per Rule 59a) there should not be any residential houses located within 7 meters from the established godown, if the capacity of the cylinder storage is between 6001- 4 8000 and the subject matter godown is within that range. He would therefore, submit that the action of the Collector (CS), Chittoor directing shifting of godown is contrary to the said Rules. He also submits that the Collector (CS) is not competent to direct re- location of godown on the ground that residential houses have come up in the vicinity, therefore, the order is also liable to be set aside on that ground. Prima-facie, reading of the Rules, would show that the objections raised by the Collector (CS), is not valid even assuming that he is competent to issue such order. Balance of convenience is in favour of the petitioner. However, since several houses have come up in the surrounding area, Petitioner Company shall take all safety measures in order to ensure that no untoward event would happen in future and shall also file an undertaking before the Joint Collector, Chittoor, that it shall be the responsibility of the petitioner company if any untoward event happens.” 3. Learned counsel for the petitioner placed on record the undertaking given by the petitioner in pursuance of the interim order granted by this Court on 11.12.2018 i.e. immediately next date of passing of the interim order stating as under: “… We hereby declare that all the norms as prescribed under the various statutes for safety shall be adhered to by M/s Indian Oil Corporation and also it s distributors at all times both present and future, more particularly the distance and other norms as prescribed under the Gas Cylinder rules, 2016.” 4. Perused the record. 5. It is not in dispute that the petitioner is operating an LPG godown under the name and style of M/s. Leelasri IOCL Gas Agency at House No.22-272/5, 5 Lawyers Colony, Kattamanchi, Chittoor District, Andhra Pradesh. The action impugned in the writ petition arises from the proceedings bearing No.C- 1/236/2018, dated 15.10.2018, issued under the directions of the Joint Collector, Chittoor, directing the petitioner to shift the existing LPG godown from its present location. 6. A perusal of the interim order dated 11.12.2018 passed by this Court discloses prima facie opinion that the action of the respondent authority is not supported by the statutory provisions. As per the Gas Cylinder Rules, 2016, the following distances shall be kept clear at all times, between any building, public place, public road or any adjoining property which may be built upon and the storage shed used for the storage of liquefied petroleum gas cylinder: Quantity of compressed gas in Cylinder Minimum distance to be kept clear 0-101 - 101-2000 3 2001-3000 4 3001-4000 5 4001-6000 6 6001-8000 7 8001-10000 8 10001-12000 9 12001-20000 12 Over 20000 15 Provided that the distance specified above may be reduced by the Chief Controller (i) where screen walls are provided or other special precautions taken, or (ii) where there are special circumstances which in the opinion of the Chief-Controller would justify such reduction. (b) Minimum 3.0 m clear safety distance shall be maintained all around toxic gas and flammable gas storage shed other than LPG. An industrial type 6 fencing of height not less than 2.0 M shall be provided all around the cylinder storage shed. 7. On perusal of the materials on record, though several houses have come up in the vicinity, they are located beyond the 7-meter threshold, at approximately 100 feet (around 30 meters) from the godown. Therefore, the petitioner’s storage facility is in compliance with the statutory safety distance as prescribed under the Gas Cylinders Rules, 2016. 8. Moreover, the petitioner has filed an undertaking on the very next day in pursuance of the interim order of this Court, asserting that all safety norms under the relevant statutes will be strictly adhered to at all times, and that the petitioner shall take full responsibility for any untoward incident in the future. This undertaking has not been disputed by the respondents. 9. It is also relevant to note that the impugned order does not appear to have been issued under any express statutory authority vested in the Collector (Civil Supplies) or the Joint Collector, particularly in the absence of any violation of the safety norms under the Gas Cylinders Rules, 2016 or the Explosives Act or the Petroleum Act. Therefore, the impugned direction lacks jurisdictional foundation and is accordingly unsustainable in law. 10. In view of the above discussion, this Court is of the opinion that the impugned proceedings vide No.C-1/236/2018, dated 15.10.2018 issued by the 2nd respondent in directing the petitioner to shift the LPG godown from its 7 existing location are arbitrary, without jurisdiction, and contrary to the statutory Rules. Hence, the impugned proceedings are liable to be set aside. 11. Accordingly, the Writ Petition is allowed. However, the petitioner is directed strictly adhere to the safety norms under the relevant statutes. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Date: 08.09.2025 KA 8 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 34858/2016 Date: 08.09.2025 KA 9