HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.23237 of 2014 Date: 27-08-2014 Between:
Sri Venkateswara Agencies, represented by its Proprietor M. Madan Mohan Rao .. Petitioner AND The Government of Andhra Pradesh, represented by its Ex-Officio Secretary-cum-Commissioner of Civil Supplies, Consumer Affairs, Food and Civil Supplies Department, Hyderabad and 2 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.23237 of 2014 ORDER:
This writ petition is filed for a mandamus declaring the action of the respondents in stopping the supplies of PDS kerosene on the ground that the proprietor of the petitioner died and the action of the respondents in not issuing Form-B licence afresh to the petitioner as illegal and arbitrary and for a consequential direction to the respondents to continue the supplies of PDS kerosene to the petitioner forthwith.
2. The case of the petitioner is that the petitioner is a proprietary concern and the grandfather of the present proprietor started the said concern and he was awarded the wholesale kerosene dealership by the Indian Oil Corporation by obtaining Form-B licence under the provisions of A.P. Petroleum Products (Licensing and Regulation of Supplies) Order, 1980 and the Form- B licence issued in the name of the petitioner lapsed on account of death of his paternal grandfather on 18-10-2000 and immediately, the father of the present proprietor became the proprietor of the petitioner concern and got the petitioner concern reconstituted in the Indian Oil Corporation and obtained fresh Form-B licence from the authorities in the name of the petitioner and thereafter, after the death of the father of the present proprietor on 10-02-2014, he became the proprietor of the petitioner concern as he obtained death certificate on 14-02-2014 from the Tahsildar, Guntur. It is stated that the petitioner intimated the death of his father to the Indian Oil Corporation and also to the 2nd respondent requesting to constitute his dealership in his name and the Indian Oil Corporation addressed a letter on 07-04-2014 asking the petitioner to obtain Succession Certificate from the competent Civil Court and also to obtain Form-B licence for continuation of SKO supplies, for which he filed an application on 07-04-2014 requesting to issue Form-B licence pending reconstitution of the petitioner concern so as to enable him to carry on his business and the same was received by the 2nd respondent along with all necessary enclosures and the same is pending with the 2nd respondent from April, 2014 onwards without passing any orders thereon. Since no orders are passed on the application dated 07-04-2014 for grant of Form-B licence by the 2nd respondent, the present writ petition is filed being aggrieved by the said inaction of the 2nd respondent.
3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies submits that the application of the petitioner is pending with the 2nd respondent.
4. Having regard to the facts and circumstances of the case and in view of the fact that the application of the petitioner seeking to grant Form-B licence is pending with the 2nd respondent, the 2nd respondent is directed to consider and dispose of the representation dated 07-04-2014 for grant of Form-B licence preferably within a period of four (4) weeks from the date of receipt of a copy of the order, so as to enable the petitioner to continue the business.
With the above direction, the writ petition is disposed of. No costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 27-08-2014 Ksn