APHC010051162026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3022/2026 Between: 1. BISMILLA BHARATH GAS GRAMIN VITRAK, REP BY ITS PROPRIETOR SRI D. MASTAN, S/O D.MABU SABU, AGED ABOUT 41 YEARS, R/O TIMMAMPURAM VILLAGE, MAHANANDI MANDAL, NANDYAL DISTRICT, ANDHRA PRADESH. 2. SRI ANJANEYA SWAMY BHARATH GAS GRAMIN VITRAK,, REP BY ITS PROPRIETOR SRI RAVIKIRAN KADIRIKOTA, S/O CHINNARAJANNA .K, AGED ABOUT 40 YEARS, R/O H.NO.4-62, NEAR CHENNAKESAVA TEMPLE, GADIVEMULA, KURNOOL DISTRICT - 518508. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE COMMISSIONER OF CIVIL SUPPLIES, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA - AP- 520007. 3. THE DISTRICT COLLECTOR CS, NANDYAL DISTRICT, A.P -518501. 4. THE CIVIL SUPPLIES DEPUTY TAHSILDAR, NANDYAL DISTRICT, A.P -518501. ...RESPONDENT(S): 2 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 direction, more particularly one in the nature of a Writ of Mandamus, declaring the proceedings of the 3rd Respondent bearing No. FCS02-OTHE/3/2026- SA(CS2)-NDL dated 20-01- 2026, whereby the Form-B Licence of the petitioner LPG distributorship has been cancelled, as illegal, arbitrary, unreasonable, disproportionate, violative of the principles of natural justice and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India, and consequently set aside the same, and direct the Respondents to forthwith restore the Form-B licence and permit the petitioner to continue the LPG distributorship business, which is the sole source of livelihood of the petitioner and several employees dependent upon him, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the interests of justice. IA NO: 1 OF 2026 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 operation of the proceedings of the 3rd Respondent bearing No. FCS02-OTHE/3/2026-SA(CS2)- NDL dated 20-01-2026, pending disposal of the writ petition, in the interest of justice. Counsel for the Petitioner(S): 1. PRASANNALA KANCHARLA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: Impugning the proceedings of the Collector (CS), Nandyal/3rd respondent dated 20.01.2026 cancelling the petitioners’ Form-B LPG distributorship, the present writ petition has been filed. 2. Heard Ms.Prasannala Kancharla, learned counsel for the petitioners and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 3. Learned Assistant Government Pleader submitted that against the orders passed by the Collector, the petitioners have to prefer an appeal before the III Additional District and Sessions Judge, Kurnool. Instead of filing an appeal, the petitioner had filed the present writ petition. Further, no grounds are made out for bypassing the appeal provisions. As such, prayed to dismiss the present writ petition. 4. At this juncture, learned counsel for the petitioners sought liberty for the petitioners to approach the appellate authority. 5. High Court will not entertain a petition under Article 226 of the Constitution if an effective alternative remedy is available to the aggrieved person or the statue under which the action complained of has been taken itself contains a mechanism for redressal of grievance still holds the field. Therefore, when a statutory forum is created by law for redressal of grievances, a writ petition should not be entertained ignoring the statutory 4 dispensation. However, the petitioner has sought liberty to file appeal before the appropriate authority. 6 Taking their submissions into consideration and in view of the availability of alternative remedy, this Court is inclined to dispose of the writ petition by giving liberty to the petitioners to approach the competent authority and file an appeal. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 10.02.2026. JLV 5 5 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3022/2026 Date: 10.02.2026. JLV