PATIBANDLA RADHAKRISHNA v. THE STATE OF ANDHRA PRADESH
WP/24924/2026 · 2026-09-01
K Sreenivasa Reddy
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9324 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9324 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010458862026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE 2nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 24924 OF 2026 Between:
1. PATIBANDLA RADHAKRISHNA, S/o Viswanadham Aged about 56 years Presently residing at Frisco Texas USA Represented by his duly constituted General Power of Attorney Holder
2. Bezawada Venkata Rao, S/o Chenchaiah Aged about 55 years Rio D No 6-28 Bezawadavaripalem Village Maddipadu Mandal Prakasam District Andhra Pradesh 523262 ...Petitioners AND
1. THE STATE OF ANDHRA PRADESH, Rep by its Principal Secretary to Government Food Civil Supplies and Consumer Affairs Department Secretariat Velagapudi Amaravati Andhra Pradesh 522503
2. The District Collector, Prakasam District Ongole Prakasam District Andhra Pradesh 523001
3. The Joint Collector Civil Supplies, Prakasam District Ongole Prakasam District Andhra Pradesh 523001
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4. The District Supply Officer, Prakasam District Ongole Prakasam District Andhra Pradesh 523001
5. The Revenue Divisional Officer, Ongole Revenue Division Opposite Prakasam Bhavan Ongole Prakasam District Andhra Pradesh 523001
6. The Tahsildar, Maddipadu Mandal Prakasam District Andhra Pradesh 523211
7. Patibandla Chiranjeevi, S/o Subba Rao Aged about 37 years Rio Venkatrajupalem Village Maddipadu Mandal Prakasam District Andhra Pradesh 523211
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Patibandla Anil Kumar, S/o Subba Rao Aged about 42 years Proprietor M s Jaidev Oil Filling Station Rio Venkatrajupalem Village Maddipadu Mandal Prakasam District Andhra Pradesh 523211 ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in proceeding to consider the representation dated 18.03.2026 submitted by the 8th respondent for grant of Form-B/permission for commencement of the petroleum outlet without considering the petitioner's representation dated 24.08.2026 and without affording the petitioner a reasonable opportunity of hearing, as illegal, arbitrary and contrary to the principles of natural justice, and consequently direct the
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respondents, particularly the 4th respondent-District Supply Officer, Prakasam District, to consider the petitioner's representation dated 24.08.2026 along with the representation dated 18.03.2026 submitted by the 8th respondent, afford the petitioner, through his duly constituted GPA Holder, a reasonable opportunity of hearing, consider the objections and material placed by the petitioner and thereafter pass an appropriate reasoned order strictly in accordance with the applicable Rules and the order dated 22.07.2026 in W.P.No.17851 of 2026, before taking any final decision regarding grant of Form-B/NOC or permission for commencement of the petroleum outlet. 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 direct the 4th respondent-District Supply Officer, Prakasam District, not to pass any final order on the representation dated 18.03.2026 submitted by the 8th respondent and not to grant Form-B/NOC or permission for commencement of the petroleum outlet until the petitioner’s representation dated 24.08.2026 is considered and the petitioner is afforded a reasonable opportunity of hearing, pending disposal of the above Writ Petition.
Counsel for the Petitioners: BHOOMA MAHARSHI REDDY Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents:GP FOR CIVIL SUPPLIES The Court made the following order:
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THE HONOURABLE SRI JUSTICE K.SREENIVASA REDDY WRIT PETITION NO.24924/2026
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“….to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in proceeding to consider the representation dated 18.03.2026 submitted by the 8th respondent for grant of Form-B/permission for commencement of the petroleum outlet without considering the petitioner's representation dated 24.08.2026 and without affording the petitioner a reasonable opportunity of hearing, as illegal, arbitrary and contrary to the principles of natural justice, and consequently direct the respondents, particularly the 4th respondent-District Supply Officer, Prakasam District, to consider the petitioner's representation dated 24.08.2026 along with the representation dated 18.03.2026 submitted by the 8th respondent, afford the petitioner, through his duly constituted GPA Holder, a reasonable opportunity of hearing, consider the objections and material placed by the petitioner and thereafter pass an appropriate reasoned order strictly in accordance with the applicable Rules and the order dated 22.07.2026 in W.P.No.17851 of 2026, before taking any final decision regarding grant of Form-B/NOC or permission for commencement of the petroleum outlet.……..….”
2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. Perused the material available on record. 5
3. The petitioner seeks to challenge the action of respondents in proceeding to consider representation dated 18.3.2026 submitted by 8th respondent for grant of Form-B/ permission for commencement of a petroleum outlet, without considering the petitioner’s representation dated 24.8.2026, as illegal and arbitrary. The petitioner claims to have raised objections before the competent authorities regarding the identity and extent of the subject land, alteration of Webland records, conversion of agricultural land, encroachment and the proposed petroleum outlet. As the dispute remained unresolved, the petitioner instituted O.S.No.144 of 2026 before the learned Junior Civil Judge, Ongole. 4. 8th respondent had earlier filed W.P.No.17851 of 2026 seeking consideration of his representation dated 18.03.2026. By order dated 22.07.2026, this Court directed the competent authorities to consider the said representation and pass appropriate orders strictly in accordance with the Rules. According to the petitioner, the said order did not direct grant of Form-B or permission as a matter of course.
Thereafter, the petitioner submitted a representation dated 24.08.2026 before 4th respondent, bringing to his notice the pending dispute, the earlier objections, the civil proceedings and the order dated
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22.07.2026, and requested that his objections be considered before taking any final decision. 5. Grievance of the petitioner is that, without considering his representation and without affording him an opportunity of hearing, the respondents may proceed to grant Form-B/NOC and permit commencement of the petroleum outlet, thereby causing prejudice to his asserted rights over the subject property. 6.
Learned counsel for the petitioner submitted that the petitioner, through his General Power of Attorney Holder, submitted a representation dated 24.08.2026 to 4th respondent and confined his submissions to the extent of directing 4th respondent to consider and dispose of the said representation.
7. In view of the aforesaid facts and circumstances of the case, and without expressing any opinion on the merits of the case, this Court is of the opinion that the litigation can be brought to a quietus by directing 4th respondent to consider and pass appropriate orders on the petitioner’s representation dated 24.08.2026, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
8. Accordingly, the Writ Petition was disposed of. There shall be no order as to costs.
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As a sequel, interlocutory applications pending if any, shall stand closed. _______________________ K.SREENIVASA REDDY, J
Date: 02.09.2026. PAB
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THE HONOURABLE SRI JUSTICE K.SREENIVASA REDDY
WRIT PETITION NO.23802/2026
DATE: 20.08.2026
PAB
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