Chintu Mudiraj v. The State of Telangana

Petition under Article 226 o'f lhe Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any order or orders or direction, Writ or Writs more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the Respondents No.2 to 5 in not taking any action on the representation dated 08.01 .2025 is as iilegar, arbitrary and vioration of the principres of the naturar justice and in the interest of Justice and equity. lA NO: 'l OF 2025 Petition under section 15'r cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondent No.2 to 5 to take action on the representation dated 08.o1 .2025 pending dis"posar of the above writ petition in the interest of justice and equity. Counsel for the Petitioner: SRt CH.JANARDHAN REDDy Counsel for the Respondent No.i: Gp FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2, 4 & 5: SRI G.MADHUSUDHAN REDDy, SC FOR GHMC Counsel for the Respondent No.3: SRI KATIKA RAVINDER REDDY, SC FOR HYDRAA The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.49l4 OF 2025 ORAL ORDER: Heard leamed counsel for the petitioner, Mr. G. Madhusudhan Reddy, learned Standing Counsel for GHMC appearing on behalf of respondent Nos.2, 4 and 5 and Mr. Katika Ravinder Reddy, leamed Standing Counsel for HYDRAA appearing on behalf of respondent No.3.

2. The petitioner herein is the resident ofhouse bearing NO.8-4- 549/3811/A, Natraj Nagar, Erragadda, Hyderabad. In his locality, respondent No.7 is running LPG establishment and Godown. It is also storing frlled cylinders. Abutting the said godown, there is a Govemment Primary School, Urdu and English Medium. Establishment and running of the said godown including keeping of filled cylinders near the school is in violation of the procedure laid down under law. Therefore, he has submitted a representation dated

08.01.2025 to respondent No.2 with a request to take action against respondent No.7. Despite receiving and acknowledging the said representation, respondent Nos.2 and 4 did not act upon the same. Aggrieved by the said inaction of respondent Nos.2 and 4, the petitioner filed the present writ petition. 2 KI.J W.P. No.49l4 of2025

3. It is relevant to note that to establish a godown for storing of f,rlled/empty cylinders, respondent No.7 has to obtain several licenses including Form 'D' from the District Civil Supplies Authority, NOC from the District Collector and NOCs from Police, Fire and Municipal Departments concemed as well as Form 'B'. According to the petitioner, respondent No.7 has established the said godown and continuing the same in violation of the procedure laid down under the Andhra Pradesh Petroleum Products (Licensing and Regulation of Supplies) Order,1980 and the Gas Cylinders Rules, 2016 (for'short 'Rules, 2016'). The Joint Chief Controller of Explosives of Petroleum and Explosives Safety Organization (PESO) concemed and the District Collector are the competent authorities to consider the said aspects. Admittedly, the petitioner has not submitted any representation to them and he has not made them as parties to the writ petlt lon

4. Rule - 49 of the Rules,2016 deals with 'application for license or approval, while Rule - 54 deals with 'prior approval necessary for alteration in the licensed premises' and the same are extracted as under: "49. Application for license or approval.- (l) A person intending to obtain or renew a license or approval under 3 KL,J W P No 4914 of2025 these rules shall submit an application, in writing, to the Chief Controller or Controllei,_ (a) in Form'B,along with following document for a license prescribed in sub-rule (l) olrule 5l; (b) in Form ,C' along with following document for a license prescribed in sub_rule (2) of rule 51. (2) Th; following documents shall be submitred in duplicate to the licensing authority for grant ofapproval for manufacture ofcylinder, ,alve and LpG reguiator namely:- (i) fee as per Schedule V; (ii) application in Schedule III for the manulacture of cylinders, valves and LpG regulators along with all the relevant documents; (iii) the ISO accreditation or equivalent certificate issued by any nationally or intemationally recognized agency within a period ofone year fromihe date of approval; (iv) list ofrelevant code, specification and technical literature available; (v) ownership proof for legal and physical possession of the land, where such facilities are proposed to be set up; (vi) detailed report on manufacturer, inspection and testing proposed to be followed; (vii) design drawing scheme of manufacture and testing of cylinder, valve and, regulator proposed to be manufactured duly vetted by Bureau of Indian Standard or any other recognized third party inspection agency; and (viii) organizational set up of the applicant with specific reference to qualifications and experience oi-the personnel engaged in the manufacture ofcylinder, valve and LpG regulator; 4 KLJ W.P. No.49l4 of2025

3. The following documents shall be submitted in duplicate to the licensing authority for grant ofapproval for cylinder testing station and hot repair ofLpG or welded cylinders, namely:- (i) fee as per Schedule V; (ii) ownership proof for legal and physical possession of the land, where such facilities are proposed to be set up; (iii) aiplicant's name and full address with telephone numbers and E-mail address; (iv) proposed location ofcylinder testing station or hot repairing lacilities; (v) six copies ofeach site and layout plan showing the area for degassing in case of flammable gas cylinde. testing station and details of neutralization facilities' in case of toxic gas cylinder testing and location of various testing equipments in the cylinder testing shop; (vi) specihcation or code proposed to be adopted for the testing and examination ofcylinder or hot repair of LPG or welded cylinder; (vii) organizational set up ofthe applicant with specific reference to qualification and experience of the personnel engaged in the testing of cylinder or hot repair oF cylinder. (viii) quality control check or test carried out at each stage of testing and examination of cylinders or hot repair ol LPG or welded cylinder; (ix) details oftemplate or gauge provided to check or test; (x) steps taken to check the accuracy oftesting and checking equipment and frequency ofsuch checking; (xi) equipment available for carrying out non_destructive examination such as Gama ray or X_ray equipment, viewer, etc., for radiographic L*amination. I 5 KL,J W.P. No 4914 of2025 (xii) (xiii) ultrasonic flaw detector, equipments for dye penetration and magnetic particle tests, etc; proforma of the record and certificate for various test carried out by the cylinder testing station or hot repairing shop; the ISO accreditation certificate issued by any nationally or intemationally recognized agency within a period ofone year from the date of approval; and (xiv) list ofrelevant code, specification and technical literature available." "54. Amendment and transfer of license or approval.- (l) Any license or approval granted under these rules may be amended or transferred bv the Chief Controller or Controller authorized by the Chief Controller. (2) The fee for amendment of a license shall be as per Schedule V plus the amount, ifany, by which the fee that would have been payable if the license had originalty been issued in the amended form, exceeds the fee originally paid for the license. (3) A licensee who desires to have his license amended shall submit to the Chief Controller or Controller- (i) (ii) (iii) an application duly filled in and signed in Form ,B' if the license has been granted in Form 'D, and in Form 'C' if the license has been granted in Form 'E,, 'F' or 'G'; the license sought to be amended together with the approved plans attached to it; where any alterations in the licensed premises have been carried out, three copies of the properly drawn plans showing the alterations sanctioned under rule 53 by the Chief Controller or Controller; (iu) fee for the amendment of the license as specified in sub-rule(2) of Rule 65. I 6 KL.J W.P. No.49l4 of2025 (4) The holder of a license in form 'E', 'F' or 'G' may, at any time before the expiry of the license' apply to the licensing authoritl' to transfer the license to another person and every application for such transfer of a license shall tre accompanied with - (i) a lefter signed by the holder of the license indicating the full name and postal address of the person to whom he intends to transfer the license and give complete possession of the licensed premises; (ii) the license sought to be transferred together with the approved plan or plans attached to it; (iiD an application in Form'C'duly filled and signed by the person to whom the license is sought to be transferred: and (iv) f'ee as per schedule V in the manner prescribed in rule 65."

5. Learned counsel for the petitioner has also placed reliance on the principle laid down by a Division Bench of High Court of Madras in Aakash Anugraha Residents Association, Mr' Kishore Victor v. Joint Chief Controller of Explosives, Petroleum and Explosives SafetY Organization (formerly Department of Explosives)r.

6. In the light of the aforesaid discussion, this writ petition is disposed of granting liberty to the petitioner to submit representations to the Joint Chief Controller of Explosives of Petroleum and Explosives Safety Organization (PESO) concerned and the District 2007 Lawsuit (Mad) 1748 I I 7 KLJ W.P. No.49l4 of2025 I Collector and other Authorities concemed, within one (01) week from today along with supporting documents, and on submissions of the same, the said Authorities shall consider the same and take action against respondent No.7 strictly in accordance with the procedure laid down under law by putting thc petitioner and respondent No.7 on notice and affording them an opportunity of hearing. However, they shall complete the entire exercisc within a period of four (04) weeks fiom the date ol receipt of the said representation from the petitioner. In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition shall stand closed. SD/.P. CH. NAGABHUSHA BA ASSISTANT REGIS R //TRUE COPY' SECTION OFFICER To,

1. The Principal Development Telangana. Secretary, Dept. Of Municipal Administration and Urban Department, Secretariat Buildings, Hyderabad, State of

2. The Commissioner, Greater Hyderabad Municipal Corporation, C.C. Complex Tank Bund Road, LowerTank Bund, Adarsh Nagar Hyderabad - 500063. 3. The Commissioner, Hyderabad Disaster Response and Asset Protection Agency, HYDRAA, Buddha Bhavan, Bhoiguda, Secunderabad, Hyderabad - 500003.

4. The Zonal Commissioner, Greater Hyderabad Municipal Corporation, Serilingampally Zone, Hyderabad - 500046.

5. The Deputy Commissioner, Circle No.19, Yousufguda, Greater Hyderabad Municipal Corporation, Serilingampally Zone, Hyderabad - 500046.

6. The Chairman and Managing Director, Bharat Petroleum Corporation Ltd., (BPCL), Bharat Bhavan,4 and 6, Currimbhoy Road, Ballard Estate, Mumbai - 400001.

7. Sama Enterprises, Bharat Gas, APHB Complex, Near E-Seva, Moti Nagar, Vengalrao Nagar, Ameerpet Hyderabad - 500038.

8. One CC to SRI CH.JANARDHAN REDDY, Advocate [OPUC] ,, Cotfi I *7 'l0.One CC to SRt KATTKA RAVINDER REDDY, SC FOR HYDRAA tOpUCl " Ixf3:;,t",,"'Irfs5ry.",B'-r+iMN URBAN DEV, Hish court for the state of 12.Two CD Copies BSR BS r \ HIGH COURT DATED: 1910212025 CC TODAY 1t{E STArc: 21 f'tB 2!t6 ( q O rr.:_ ORDER WP.No.4914 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ,- /h 9r-"n'