APHC010036002019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 1635 OF 2019 Between: G. Radha, W/o.Srinivasulu Reddy, Aged about 48 years, R/o.Ward No. 18, Tirupathi, Chittoor District, Propritrix of M/s. Vishnu Padmavathi Reliable Agency, Sy.No.494/3, 496/1, Ward No. 18, Tirupathi, Chittoor Dist. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Food and Civil Supplies Department, Secretariat, Velagapudi at Amaravathi, Guntur District 2. The District Collector Civil Supplies, Chittoor District, Chittoor 3. The Joint Collector, Chittoor, Chittoor District. 4. The District Supply Officer, Chittoor, Chittoor District. 5. Indian Oil Corporation Limited, A.P.State Office, 3-6-436 to 438, 2"^^ Floor, Naspur House, Himayat Nagar, Hyderabad, Telangana State, rep. by its Authorized Officer 6. Indian Oil Corporation Limited, rep. by its Head, Tirupathi, having its Divisional Office at D.No.8-115/1, et Floor, M.M.Complex, Royal Nagar, R.C.Road, Tirupathi, Chittoor District. 7. Smt. P. Amaravathi, W/o.Sri Lakshminarayana, Aged about 57 years, R/o. 18-3-62/28, Shanthi Nagar, Khadhi Colony, Tirupathi, Chittoor District. 8. S.Prakash, S/o.S.Venkata Ramaiah, Aged about 53 years, R/o. 18-3- 62A/31, Shanthi Nagar, Khadhi Colony, Tirupathi, Chittoor District 9. S. Subbanna@Subba Reddy, S/o.Chenga Reddy, Aged about 86 years, R/o.2-144/3 1®* Floor, Sri Lakshmi Nagar, behind New Balaji Colony, Tirupathi, Chittoor District. * ...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 Writ, Order, Direction more particularly one in the nature of Writ of Mandamus declaring the Intimation Notice in Roc.D1/191/2018 dated 21- 01-2019 issued by the District Supply Officer, Chittoor i.e., 4^^ respondent herein as illegal, arbitrary, without jurisdiction, contrary to the G.O.Ms.No.17 dated 21-11-216 issued by the 1st respondent herein and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India and also violation of principles of natural justice. lA NO: 1 OF 2019 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 Intimation Notice in Roc. DI/191/2018 dated 21 01.2019 issued by the District Supply Officer, Chittoor i.e., 4**^ respondent herein, pending disposal of the Writ Petition. lA NO: 2 OF 2019 Between: 1. Smt. P. Amaravathi, W/o.Sri Lakshminarayana, Aged about 57 years, R/o. 18-3-62/28, Shanthi Nagar, Khadhi Colony, Tirupathi, Chittoor District. 2. Prakash, S/o.S.Venkata Ramaiah, Aged about 53 years, R/o. 18-3- 62A/31, Shanthi Nagar, Khadhi Colony, Tirupathi, Chittoor District ...PETITIONERS/RESPONDENT Nos.7 & 8 AND 1. G. Radha, W/o.Srinivasulu Reddy, Aged about 48 years, R/o.Ward No. 18, Tirupathi, Chittoor District, Propritrix of M/s. Vishnu Padmavathi Reliable Agency, Sy.No.494/3, 496/1, Ward No.18, Tirupathi, Chittoor District. ...RESPONDENT/WRIT PETITIONER 2. The State of Andhra Pradesh, rep. by its Principal Secretary, Food and Civil Supplies Department, Secretariat, Velagapudi at Amaravathi, Guntur District 3. The District Collector Civil Supplies, Chittoor District, Chittoor 4. The Joint Collector, Chittoor, Chittoor District. 5. The District Supply Officer, Chittoor, Chittoor District. 6. Indian Oil Corporation Limited, A.P.State Office, 3-6-436 to 438, 2^^ Floor, Naspur House, Himayat Nagar, Hyderabad, Telangana rep. by its Authorized Officer 7. Indian Oil Corporation Limited Divisional Office at D.No.8-115/1, et Floor, M.M.Complex, Royal Nagar, R.C.Road, Tirupathi, Chittoor District. 8. S. Subbanna@Subba Reddy, S/o.Chenga Reddy, Aged years, R/o.2-144/3 1 Colony, Tirupathi, Chittoor District. State. rep. by its Head, Tirupathi, having its about 86 Floor, Sri Lakshmi Nagar, behind New Balaji ...RESPONDENTS/ RESPONDENT Nos.1 to 6 & 9 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 vacate the interim stay order dated 14.02.2019 made in LA No. 01 of 2019 W.P No. 1635 of 2019 in the interest of justice. in lA NO: 1 OF 9091 Between: 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Food and Velagapudi at Amaravathi. Civil Supplies Department, Secretariat Guntur District 2. The District Collector Civil Supplies, Chittoor District, 3. The Joint Collector, Chittoor, Chittoor District. 4. The District Supply Officer, Chittoor, Chittoor District Chittoor ...PETITIONERS/RESPONDENTS AND 1. G. Radha, W/o.Srinivasulu Reddy, Aged about No. 18, Tirupathi, Chittoor District, Propritrix of M/s. Vishnu Reliable Agency, Sy.No.494/3, 496/1, Ward No 48 years, R/o.Ward Padmavathi .18, Tirupathi, Chittoor Dist. ...RESPONDENT/PETITIONER Office, 3-6-436 to 438, 2"'^ Telangana State. 2. Indian Oil Corporation Limited, A.P.State Floor, Naspur House, Himayat Nagar, Hyderabad, rep. by its Authorized Officer 3. Indian Oil Corporation Limited rep. by its Head, Tirupathi, having its Divisional Office at D.No.8-115/1, et Floor, M.M.Complex, Royal Nagar, R.C.Road, Tirupathi, Chittoor District. 4. Smt. P. Amaravathi, W/o.Sri Lakshminarayana Aged about 57 years, R/o. 18-3-62/28, Shanthi Nagar, Khadhi Colony, Tirupathi, Chittoor District. 5. Prakash, S/o.S.Venkata Ramaiah, Aged about 53 years, R/o. 18-3- 62A/31, Shanthi Nagar, Khadhi Colony, Tirupathi, Chittoor District 6. S. Subbanna@Subba Reddy, S/o.Chenga Reddy, Aged about 86 years, R/o.2-144/3 1"* Floor, Sri Lakshmi Nagar, behind New Balaji Colony, Tirupathi, Chittoor District. ...RESPONDENTS/ RESPONDENTS 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 vacate the interim orders dated 14-02-2019 passed in lA No.1 of 2019 in WP. 1635 of 2019 and dismiss the writ petition. Counsel for the Petitioner; SRI A. PRABHAKAR SARMA Counsel for the Respondent Nos.1 to 4:GP FOR CIVIL SUPPLIES Counsel for the Respondent Nos.5 & 6:SRI SAI SANJAY SURANENI Counsel for the Respondent Nos.7 &8; SRI O. MANOHAR REDDY, SR. COUNSEL for SRI P. HEMACHANDRA Counsel for the Respondent No.9:— The Court made the following order: APHC010036002019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE ! I Slrte-H [3505] PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 1635/2019 Between: 1.G RADHA, W/O.SRINIVASULU REDDY, AGED ABOUT 48 YEARS, R/O.WARD NO.18, TIRUPATHI, CHITTOOR DISTRICT, PROPRITRIX OF M/S. VISHNU PADMAVATHI RELIABLE AGENCY, SY.NO.494/3, 496/1, WARD N0.18, TIRUPATHI, CHITTOOR DIST. ...PETITIONER AND 1 .THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT. SECRETARIAT, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT 2.THE DISTRICT COLLECTOR CIVIL SUPPLIES, CHITTOOR DISTRICT, CHITTOOR 3.THE JOINT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 4.THE DISTRICT SUPPLY OFFICER, CHITTOOR, CHITTOOR DISTRICT. 5. INDIAN OIL CORPORATION LIMITED, A.P.STATE OFFICE, 3-6-436 TO 438, 2 ND FLOOR, NASPUR HOUSE, HIMAYAT NAGAR, HYDERABAD, TELANGANA STATE. REP. BY ITS AUTHORIZED OFFICER 6. INDIAN OIL CORPORATION LIMITED, REP.BY ITS HEAD, TIRUPATHI. HAVING ITS DIVISIONAL OFFICE AT D.N0.8- 115/1, ET FLOOR. M.M.COMPLEX. ROYAL NAGAR, R.C.ROAD,TIRUPATHI,CHITTOORDISTRICT. 7.SMT P AMARAVATHI, W/O.SRI LAKSHMINARAYANA, AGED ABOUT 57 YEARS, R/0.18-3-62/28, SHANTHI NAGAR, KHADHI COLONY, TIRUPATHI, CHITTOOR DISTRICT. 8.PRAKASH. S/O.S.VENKATA RAMAIAH, AGED ABOUT 53 YEARS, R/0. 18-3-62A/31, SHANTHI NAGAR. KHADHI COLONY,TIRUPATHI,CHITTOORDISTRICT 9.S.SUBBANNA ALIAS SUBBA REDDY, S/O.CHENGA REDDY, AGED ABOUT 86 YEARS, R/0.2-144/3 1ST FLOOR, SRI LAKSHMI NAGAR, BEHIND NEW BALAJI COLONY, TIRUPATHI, CHITTOOR DISTRICT ...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 to issue Writ, Order, Direction particularly one in the nature of Writ of Mandamus declaring the Intimation Notice in Roc.D1/191/2018 dated 21- 01-2019 issued by the District Supply Officer, Chittoor i.e., 4th respondent herein as illegal, arbitrary, without jurisdiction, contrary to the G.O.Ms.No.17 dated 21-11-216 issued by the 1st respondent herein and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India and also violation of principles of natural justice. more lA NO: 1 OF 2019 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 Intimation Notice in Roc.DI/191/2018 dated 21 01.2019 issued by the District Supply Officer, Chittoor i.e., 4th respondent herein, pending disposal of the Writ Petition. lA NO: 2 OF 2019 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 vacate the interim stay order dated 14.02.2019 made in LA No. 01 of 2019 in W.P No. 1635 of 2019 in the interest of justice. lA NO: 1 OF 2021 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 vacate the interim orders dated 14-02-2019 passed in lA 1/2019 in WP. 1635/2019 and dismiss the writ petition and pass Counsel for the Petitioner: 1.APRABHAKAR SARMA Counsel for the Respondent(S): 1.P HEMACHANDRA 2.SAI SANJAY SURANENI 3.GP FOR CIVIL SUPPLIES (AP) The Court made the following: THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO:1635 OF 2019 ORDER: It is the case of the petitioner that she was granted Form-B license under Clause 3(5) of A.P.Petroleum Product (Licensing and Regulation of Supplies) Order, 1980 in the year 2005 to deal with MS (Petrol) and HSD (Diesel) in Sy.No.493/3 and 496/1 of Tirupathi Urban Mandal in the name and style of Vishnu Padmavathi Reliable Agencies. In pursuance of the said license the petitioner carried on the aforesaid business in the above survey numbers. It is her further case that the said license is extended from time to time. Thereafter, by virtue of G.O.Ms.No.17, dated 21.11.2016, the Government of Andhra Pradesh made it clear that, the renewal of Form-B license shall not be required for the MS and HSD Retail outlets and thereby the license granted in favour of the petitioner is for life. Be that as it may, on petition dated 21.06.2018, filed by 2. respondent Nos.7 & 8, the impugned intimation notice dated 21.01.2019, was issued by the 4**^ respondent to the 9‘^ respondent rd asking him to attend before the licensing authority i.e., the 3 respondent on 25.01.2019 either in person or with his counsel, with all evidence to defend the case, otherwise further action will be taken based on the evidence available on record. The said notice is under challenge in the instant writ petition. 4 It is the case of the petitioner that, the respondent Nos.7 & 8 are 3. the owners of land in Sy.Nos.494/3 and 496/1 of ward No. 18, Santhinagar Area, Tirupathi, Chittoor District. Initially, the respondent Nos.7 & 8 granted lease in favour of 9''^ respondent for a period from 05.12.2002 to 04.12.2018. Despite expiry of lease, the 9''^ respondent did not vacate the premises and requested to send notice and to cancel the Form-B license issued for conducting business in the above lands. It is the case of the petitioner that, he did not violate any conditions of the Form-B license. It is further stated that, the impugned notice dated 21.01.2019 issued by the 4'^ respondent is liable to be set aside as the 4*^ respondent does not have jurisdiction to issue the said notice. Questioning the same, the present writ petition is filed. 4. Fleard learned counsel for the petitioner, Sri O.Manohar Reddy, learned Senior Counsel appearing for respondent Nos.7 & 8 and the learned Government Pleader for Civil Supplies. Perused the material available on record. th 5. The counsel for the petitioner would contend that, the 4 respondent does not have jurisdiction to issue the impugned intimation notice dated 21.01.2019, inasmuch as he is not the licensing authority. Per contra, Sri O.Manohar Reddy, the learned Senior Counsel, would submit that the writ petition itself is not maintainable, the same is filed against intimation notice dated 21.01.2019, whereunder the 9"" respondent was directed to be present before the 3'^'^ respondent for an wmm^ 5 enquiry to be conducted by the licensing authority. The counsel for the petitioner would further submit that, though no notice was issued to him, on perusal of the impugned notice, the respondent Nos.7 & 8 made petition to cancel the Form-B license issued in favour of the petitioner for doing business in the lands in dispute. During the course of.hearing, it is represented by the counsel for the petitioner that, after coming to know about the impugned notice, the petitioner appeared before the 3'^'^ respondent and filed written submissions on 28.01.2019 to the impugned intimation notice dated 21.01.2019. He would further submit that, after receiving the written submissions, the 3'^'^ respondent reserved the matter for passing appropriate orders. He would further submit that, in view of the interim order passed by this Court in the recent writ petition, the 3'^'^ respondent did not pass any orders pursuant to the impugned intimation notice dated 21.01.2019. 6. Though the learned counsel for the petitioner and the learned Senior Counsel appearing for the respondents 7 and 8 advanced arguments touching various aspects of the matter including the conditions of the license and the power of the authorities to suspend or cancel the license of the petitioner, this Court is not inclined to go into the merits of the matter, inasmuch as what is being impugned in the present writ petition is only intimation notice. Further, as per the counsel for the petitioner, written submissions dated 28.01.2019 was filed before the 3'"'^ respondent and thereafter the matter was reserved 6 for orders and in view of interim order passed in the present writ petition, the orders could not be pronounced by the respondent. Having regard to the submissions made by the counsel record, this Court feels that it is appropriate to dispose of the present writ petition by directing the 3'"' respondent to issue fresh notice to the petitioner calling for objections pursuant to the petition filed by respondent Nos.7 & 8 and after receipt of explanation from the petitioner, the 3^^ respondent shall pass appropriate orders within a period of six (06) weeks thereafter. It is needless to mention that, before passing orders in the matter, the respondent shall afford opportunity of being heard to the petitioner. 7. on an 8. Further, this Court did not express any opinion on the issue involved in the present writ petition. 9. With the above observations, the present writ petition i disposed of. There shall be no order as to costs. IS As a sequel thereto, miscellaneous petitions pending, if shall stand closed. any. Sd/- U. SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Food and Civil Supplies Department, State of Andhra Pradesh, Secretariat, Velagapudi at Amaravathi, Guntur District 2. The District Collector Civil Supplies, Chittoor District, Chittoor 3. The Joint Collector, Chittoor, Chittoor District. 4. The District Supply Officer, Chittoor, Chittoor District. 5. The Authorized Officer, Indian Oil Corporation Limited, A.P.State Office, 3-6-436 to 438, 2 nd Floor, Naspur House, Himayat Nagar, Hyderabad, Telangana State. 6. The Head, Indian Oil Corporation Limited, Tirupathi, having its Divisional Office at D.No.8-115/1, et Floor, M.M.Complex, Royal Nagar, R.C.Road, Tirupathi, Chittoor District. 7. One CC to Sri A. Prabhakar Sarma, Advocate [OPUC] 8. One CC to Sri P. Hemachandra,Advocate [OPUC] 9. One CC to Sri Sai Sanjay Suraneni, Advocate [OPUC] 10. One CC to Sri O. Manohar Reddy, Advocate[OPUC] 11. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 12. Two CD Copies. ssb L HIGH COURT DATED:17/07/2025 ORDER WP No.1635 OF 2019 DISPOSING OF THE W.P. WITHOUT COSTS