1 APHC010035072026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] MONDAY,THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NOS.32524 OF 2025 AND 2163 OF 2026 WRIT PETITION NO: 32524/2025 Between: 1. SANTHI ASHRAMAM, A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT 21/1860 HAVING ITS MAIN MISSION OF PEACE AT THOTAPALLI HILLS, VIA SANKAVARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH, REP. BY ITS SECRETARY P.LAKSHMI. ...PETITIONER AND 1. THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION (PESO) A AND D WING, BLOCK-1-8, 2ND FLOOR, SHASTRI BHAVAN, HADDOWS ROAD, NUNGAMBAKKAM, CHENNAI. PIN 600006. 2. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION PESO, VISHAKHAPATNAM SUB CIRCLE OFFICE DOOR NO 7-20-13, KIRLAMPUDY LAYOUT, (NEAR ANDHRA UNIVERSITY) INTERNATIONAL FOREIGN STUDENTS HOSTEL, VISAKHAPATNAM -530017. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT 2 BUILDINGS, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, VISHAKHAPATNAM DISTRICT, VISHAKHAPATNAM, ANDHRA PRADESH - 530 017. 5. BHARAT PETROLEUM CORPORATION LIMITED B P C L, REP. BY ITS MANAGING DIRECTOR AND CHAIRMAN, WITH ITS REGISTERED OFFICE AT BHARATH BHAVAN, 4 AND 6 CURRIMBHOY ROAD, BALLARD ESTATE, MUMBAI. 400001 ...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 topleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring that the action of the official respondents specifically Respondent No. 1 and 2 in not considering the petitioners representation dated 05-07-25 and not cancelling the explosives licenses issued to the 5th respondent for continuing its operation of running the petrol pump over the premises in all that piece and parcel of land situated at Survey No 51/1 Waltair Ward, in Vizag City Beach Road ( China Waltair) in Vishakhapatnam, AP admeasuring 1111 sq yds appeartaining to plot / premises in RS No Police Station China Waltair, Vishakapatnam and SRO of Vishakapatnam in the registration district of Vishakapatnam butted and bounded on North Shanti Ashram land. South Saint Anglo Missionary School, East By lOfeet road. West By Bheemili Double Road, and pass WRIT PETITION NO: 2163/2026 Between: 1. GAJULA GAUTHAM, S/O LATE GAJULA VIVEKANANDA AGED 50 YEARS, 2. SRI GAJULA SIDHARADHA, S/O LATE GAJULA VIVEKANANDA AGED 48 YEARS, (BOTH THE PETITIONERS ARE RESIDENTS OF D.NO 4-72-14, L.B COLONY, BEACH ROAD, VISAKHAPTANAM. PIN- 530017) ...PETITIONER(S) AND 1. UNION OF INDIA, REP.BY CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION 'A' 3 BLOCK, COO COMPLEX, 5TH FLOOR, SEMINARY HILLS, NAGPUR, MAHARASHTRA-PIN 440004 2. DY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION D.NO 7-20-13 KIRLAMPUDY LAY OUT, VISAKHAPATNAM, 530017. 3. BHARAT PETROLEUM CORPORATION LTD, REP.BY ITS TERRITORY MANAGER-RETAIL VIZAG RETAIL TERRITORY, NEAR NAVAL DOCK YARD VISAKHAPATNAM. AP 530014 4. M/S SANTHI ASHRAMAM, A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT 21/1860 HAVING ITS MAIN MISSION OF PEACE AT THOTAPALLI HILLS, VIA SANKAVARAM, EAST GODAVARI DISTRICT, A.P. 533446 REP. BY ITS' SECRETARY. ...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 toPleased Hon'ble Court may be pleased to issue an order, proceeding and more particularly a writ in the nature of Writ of Mandamus declaring the vide proceeding No P/SC/AP/14/4494(P135098) at 02.01.2026, issued by the 2nd respondent in suspending the petroleum storage license in FORM XIV vide license No P/SC/AP/14/4494(P135098), at the. petitioners' retail outlet namely M/s Yogi Rag havendra Energy for a period of 90 days, as illegal, arbitrary, ultra vires their powers, without authority and violative of principles of natural justice and violative of Art. 14 and Art. 19(1)(g) of the Constitution of India and ultra vires the provisions of the Petroleum Rules 2002 and to pass 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 to suspend the 2nd respondent's order in No P/SC/AP/14/4494(P13509 8) dt: 02.01.2026, in suspending the petroleum storage license in FORM XIV vide license No: P/SC/AP/14/4494(P135098), of the petitiorier pending adjudication of the above Writ Petition. pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 4 1. P V A PADMANABHAM Counsel for the Respondent(S): 1. VARADAM SAI LIKHITH 2. Y V ANIL KUMAR (Central Government Counsel) 3. V V SATISH The Court made the following: 5 THE HON’BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NOS.32524 OF 2025 AND 2163 OF 2026 COMMON ORDER: Heard both sides. Perused the material available on record in both the Writ Petitions. 2. W.P.No.32524 of 2025 has been filed seeking to issue a Writ of Mandamus to declare the action of the official respondents specifically Respondent Nos.1 and 2 in not considering the petitioner representation, dated 05.07.2025 and not cancelling the explosives licenses issued to the 5th respondent for continuing its operation of running the petrol pump over the premises in all that piece and parcel of land situated at Sy.No.51/1, Waltair Ward in Vizag City Beach Road, China Waltair in Visakhapatnam, Andhra Pradesh. During the pendency of the said Writ Petition, the 2nd respondent issued proceedings, dated 02.01.2016 suspending the petroleum storage license in Form XIV for a period of 90 days. Challenging the same, W.P.No.2163 of 2026 has been filed. 3. Learned Standing Counsel appearing for the 2nd respondent on instructions would submit that considering the representation, dated 05.07.2025 submitted by the petitioner in W.P.No.32524 of 2025, the 2nd respondent issued notice to both sides and thereafter issued proceedings 6 suspending the petroleum storage license issued in favour of M/s.Yogi Raghavendra Energy. He would further submit that the main proceedings are still pending with the 2nd respondent. After considering the documentary evidence to be produced by both sides, the 2nd respondent will take appropriate action by following due process of law. 4. Mr P.V.A.Padmanabham, learned counsel for the petitioners in W.P.No.2163 of 2026 would submit that the petroleum retail outlet was running in the own premises of the petitioners which is situated in Sy.No.51/1 of Chinna Waltair Village and it was leased to the 3rd respondent herein. He further submits that the 2nd respondent issued explosive license in favour of Bharat Petroleum Corporation Limited (B.P.C.L). 5. Considering the submissions of Mr P.V.A.Padmanabham, learned counsel for the petitioners in W.P.No.2163 of 2026 it appears that the petitioners therein has no locus to challenge the suspension proceedings issued by the 2nd respondent. However, considering the facts and circumstances of the case, to meet the interest of justice and to protect the interest of the petitioners in both the Writ Petitions, the petitioners in both the writ petitions and other interested persons are directed to approach the 2nd respondent and submit their contentions within the period of two (2) weeks from today. Thereafter, the 2nd respondent is directed to conduct appropriate enquiry on the said issue and after affording reasonable opportunity to all the interested parties including the writ petitioners in both writ petitions, take 7 appropriate action on the representation dated 05.07.2025 submitted by the petitioner in W.P.No.32524 of 2025 in accordance with law. 6. With the above directions, these Writ Petitions are disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in these cases shall stand closed. __________________________ JUSTICE BATTU DEVANAND Dated: 30.03.2026 TM 8 THE HON’BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NOS.32524 OF 2025 AND 2163 OF 2026 Dated: 30.03.2026 TM