ORDER :

1. This writ petition has been filed to declare the proceedings in Rc.No.245/2010/CSC-2, dated 16.09.2010 of the 1st Respondent, as being illegal, arbitrary and unreasonable and contrary to the provisions of Andhra Pradesh Petroleum Products (Licensing & Regulation of Supplies) Order, 1980, Indian Explosive Act and Rules made thereunder and consequentially set aside the same.

2. A counter has been filed by the 2nd respondent.

3. Heard learned counsel for the petitioner and the learned Government Pleader for Civil Supplies appearing for the Respondents. Perused the material available on record.

4. The grievance of the petitioner is that in the year, 1986, after fulfilling all conditions, the Hindustan Petroleum Corporation Limited (HPCL) has granted the distributorship of Liquid Petroleum Gas (LPG) cylinders to the petitioner under Scheduled Caste quota in Visakhapatnam I-Town area. Thereafter, the Explosives Department issued permanent licence in Form-F under licence bearing A.P.1815/LPG in favour of the petitioner for storage of compressed gas cylinders under the provisions of Indian Explosives Act and the Rules made thereunder. He was running the distributorship by storing the LPG cylinders in a godown situated in an area which was taken on lease by him from the Visakhapatnam Port Trust.

5. The learned counsel for the petitioner submits that thereafter, he constructed new godown at Sy.No.2/2, Godavari Ward, Ward No.1, Chilakapet, Visakhapatnam, after obtaining all the permissions from all the concerned Departments and the licence to store compressed gas in cylinders in Form-F and shifted storage godown to there. The said licence is being renewed from time to time by Deputy Chief Controller of Explosives, Hyderabad Sub-Circle, Hyderabad, who is the competent authority for renewal and at every renewal there will be a personal inspection of the authority. Apart from the same, regular periodical inspections are being done by the officials of the Explosives Department apart from the officials from the Fire Department and these inspections are being undertaken to verify with reference to the safety measures and the provisions provided by the distributor. After satisfaction of the fulfillment of the safety measures in consonance with the specifications prescribed, the licence is being renewed.

6. The learned counsel for the petitioner further submits that a representation has been made by some third party to the 1st respondent requesting for shifting of the godown of the petitioner from the present place since there are some residential houses nearby to his godown. When the petitioner constructed the godown, which was far away from there, and adjacent to his godown there are some government lands which have been encroached upon by some third parties and whose encroachments have been regularized by the government and now the said persons appears to have made a representation to the 1st respondent.

7. Learned counsel for the petitioner contends that pursuant to the representation of the third parties, the 1st respondent has called for a report from the Assistant Supply Officer. Basing on the report of the Assistant Supply Officer, the present impugned notice, dated 16.09.2010, has been issued to the petitioner directing to shift the godown within 30 days from the date of receipt of notice and which was received by the petitioner on 21.09.2010. Aggrieved by the said impugned notice, the present writ petition is filed.

8. Learned counsel further contends that the petitioner submitted an application requesting to allot Ac.0-40 cents of vacant Government land available in Sy.No.3 at Marikavalasa Village, Visakhapatnam (Rural) Mandal for construction of new godown to the District Collector, Visakhapatnam, dated 21.09.2010. He further contends that the copy of the representation is referred in the impugned notice, is not made available to him. The report of the Assistant Supply Officer was also not supplied to him and the adverse p