Proper licensing and approvals are mandatory for operating an LPG establishment, and authorities must act on public representations regarding violations.

ORAL ORDER

Heard learned 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, learned Standing Counsel for HYDRAA appearing on behalf of respondent No.3.

2. The petitioner herein is the resident of house bearing No.8-4- 549/38/1/A, Natraj Nagar, Erragadda, Hyderabad. In his locality, respondent No.7 is running LPG establishment and Godown. It is also storing filled cylinders. Abutting the said godown, there is a Government 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.

3. It is relevant to note that to establish a godown for storing of filled/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 concerned 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) concerned 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 petition.

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.- (1) A person intending to obtain or renew a license or approval under these rules shall submit an application, in writing, to the Chief Controller or Controller,-

(a) in Form 'B' along with following document for a license prescribed in sub-rule (1) of rule 51;

and

(b) in Form 'C' along with following document for a license prescribed in sub-rule (2) of rule 51.

(2) The following documents shall be submitted in duplicate to the licensing authority for grant of approval for manufacture of cylinder, valve and LPG regulator namely:-

(i) fee as per Schedule V;

(ii) application in Schedule III for the manufacture of cylinders, valves and LPG regulators along with all the relevant documents;

(iii) the ISO accreditation or equivalent certificate issued by any nationally or internationally recognized agency within a period of one year from the date of approval;

(iv) list of relevant 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 of the personnel engaged in the manufacture of cylinder, valve and LPG regulator;

3. The following documents shall