IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11283 of 2008 Between: R.Venkataramaiah & son, Bharath Petroleum Corporation (MS & HSD) Dealer, S/o. late R.Krishna Murthy,Hindu, aged about 65 years, Markapur Road, Vinukonda, Guntur District. ..... PETITIONER AND 1 The Commissioner of Civil Supplies, Government of Andhra Pradesh, Khairatabad, Hyderabad. 2 The District Collector, Guntur District, Guntur. 3 The Joint Collector, and Additional District Magistrate, Guntur. 4 The Revenue Divisional Officer, Narasaraopet, Guntur District. 5 The Tahasildar, Vinukonda Mandal, Vinukonda, Guntur District. 6 The Territorial Manager, Bharath Petroleum corporation Limited, Pinapaka Village (Post), Kattubadipalem, Kondapalli, Vijayawada-521 228 7 Gonuguntla Venkateswarlu, Adopted son of Sri Ranganayakulu,Hindu, Door No.25-55, Main Road, Vinukonda, Guntur District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ, order or direction, more particularly one under Writ of Mandamus, declaring the proceedings of the Respondent No.3 bearing Rc.No.B1737/2008-S8 dated 26.03.2008 as illegal and ultra vires to the provisions of Articles 14 and 19(1)(g) of the Constitution of India and also the mandatory provisions of the A.P. Petorleum Products (L & RS) Order, 1980 and the Rules framed thereunder on the subject from time to time besides directing the Respondents No.3 to renew Form "B" licence in favour of the petitioner to enable to carry on the business in the property bearing D.No.312 of Vinukonda village and Mandal, Guntur district besides directing not to proceed further in pursuance of the impugned proceedings. Counsel for the Petitioner : MR. A.NARASIMHA REDDY Counsel for the Respondents : GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.11283 OF 2008 ORDER : This writ petition is ﬁled seeking a declaration that the proceedings of the 3rd respondent – Joint Collector – dated 26.03.2008 thereby canceling Form-2B licence granted in favour of the petitioner in exercise of power conferred under clause 28 (2) of The Andhra Pradesh Petroleum Products (Licensing and Regulation of Supplies) Order, 1980 (for short, ‘Control Order’) as arbitrary and illegal. It is primarily contended by the petitioner that the impugned cancellation mainly on the ground that there is no valid lease in respect of the premises wherein the petitioner is operating retail outlet is arbitrary and illegal. The 7th respondent who is the owner of the premises wherein the petitioner’s retail outlet is situated as well as the 2nd respondent ﬁled counter-aﬃdavit opposing the writ petition. Though various contentions have been raised by the petitioner assailing the impugned order, I am not inclined to express any opinion on merits since as against the impugned order of cancellation made under clause 28 (2) of the Control Order a remedy of appeal is available before the Commissioner of Civil Supplies under clause 31 of the Control Order. In the circumstances, the petitioner ought to have exhausted the said eﬃcacious alternative remedy in the ﬁrst instance. Accordingly, without going into merits of the case, the Writ Petition is disposed of permitting the petitioner to prefer an appeal under clause-31 of the Control Order within a period of three weeks from today. If any such appeal is preferred within the time speciﬁed above, the same shall be entertained by the appellate authority and be disposed of after hearing the petitioner as well as the 7th respondent herein as expeditiously as possible preferably within a period of eight (8) weeks thereafter. Keeping in view that the impugned order was suspended by this Court by order dated 28.5.2008 and the same has been in operation all through, I deem it appropriate to direct that the impugned order of cancellation shall remain suspended for a period of four weeks from today. In the meanwhile, it is open to the petitioner to move the appellate authority for appropriate interim orders pending the Appeal. Writ Petition is accordingly disposed of. No costs. ______________ G. ROHINI, J. Dt. 29.09.2008 gbs Note:- CC in 3 days. (B/O) gbs