Authority: High Court of Andhra Pradesh at Amaravati (Special Original Jurisdiction)

Order Date: 05.08.2026

Case Overview

  • Petitioner: YETURU ASHOK KUMAR REDDY, S/O Sudhakar Reddy, licensee of M/s Anjana Fuel Station, HPCL outlet, Sy.No.213/1, Venkatraopalli, Atmakur, SPS Nellore District.
  • Respondents: 1) State of Andhra Pradesh (Special Chief Secretary, Municipal Administration Urban Development Department); 2) Atmakur Municipality (Commissioner); 3) Collector and District Magistrate, SPS Nellore District; 4) District Revenue Officer, SPS Nellore District; 5) Senior Manager RE, Hindustan Petroleum Corporation Ltd.; 6) Superintendent of Police, SPS Nellore District; 7) Regional Officer, National Highways Authority of India, Ranigari Thota, Krishna LankA, Vijayawada.
  • Nature of Proceeding: Writ petition under Article 226 of the Constitution seeking a writ of Mandamus to set aside Seizure Notice No.15/SEC01/1151/ATK(N)/UC/2025 dated 04.06.2025 and the preceding lock‑and‑seal of the power room of the petitioner’s retail outlet, alleging illegality, arbitrariness, and violation of Articles 14, 19(i)(g) and 21.
  • Key Chronology:
  • 21.10.2024 – Application filed by HPCL on behalf of petitioner with Atmakur Municipality for approval of layout plans.
  • 13.05.2025 – Provisional notice issued by Respondent No.2 directing petitioner to stop construction and submit explanation within seven days.
  • 17.05.2025 – Further notice prohibiting commencement of sales/operations of the fuel outlet.
  • 22.05.2025 – Confirmation order declaring construction unauthorised and ordering demolition within seven days.
  • 23.05.2025 & 26.05.2025 – Petitioner’s representations submitted.
  • 04.06.2025 – Seizure Notice No.15/SEC01/1151/ATK(N)/UC/2025 issued, followed by sealing of the power room.
  • Petitioner’s Submissions:
  • Holds a valid HPCL licence and has obtained approvals from District Collector, District Revenue Officer, District Disaster Response and Fire Officer, and Superintendent of Police.
  • Claims the construction of sales room and rest rooms is within permissible limits and was approved by the District Collector and Licensing Authority via a No‑Objection Certificate.
  • Argues Respondent No.2 lacks statutory authority to seal the premises and that the notice is irrational.
  • Requests access for the Licensed Technical Person (LTP) to upload required documents on the Andhra Pradesh Development Permission Management System (APDPMS) portal.
  • Respondent No.2’s Position:
  • Denies receipt of the 21.10.2024 application and asserts the application remained in preliminary stage with the LTP.
  • Maintains that the land use was residential and therefore the commercial fuel outlet is unauthorised.
  • Claims the power to seize the retail outlet lies with Respondent No.5, while safety‑related seizure powers rest with Respondents No.3 and No.6.
  • Court’s Observations:
  • The sealing and seizure actions were taken without jurisdiction and contrary to the petitioner’s licences and approvals.
  • Respondent No.2’s classification of the land as residential is erroneous given the submitted commercial layout plans.
  • The petitioner’s LTP was denied portal access, impeding submission of required documents.
  • The series of notices (13.05.2025, 17.05.2025, 22.05.2025, 04.06.2025) are inconsistent and lack proper procedural basis.

Final Outcome

  • The writ petition is allowed.
  • Respondent No.2 (Atmakur Municipality) is directed to de‑seal the petitioner’s premises forthwith.
  • Respondent No.2 must grant immediate access to the Licensed Technical Person on the APDPMS online portal for uploading all required documents and must process the pending building permission application without undue delay.
  • The petitioner is required to comply with statutory requirements and pay any requisite fees for the permission.
  • No order as to costs; any miscellaneous applications pending are deemed closed.

Topics: Legal Dispute, Petroleum Retail