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APHC010154372025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 7923/2025 Between: S N Lakshmidevi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. M HEMALATHA Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES The Court made the following ORDER:
The present writ petition is filed under Article 226 of Constitution of India seeking the following relief:
“…to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in cancelling authorization of the petitioner’s fair price Shop No.1219024, situated at Rangachedu village and Gummagatta Mandal, Anantapur District vide proceedings Rc.No.B2/1276/2024, dated 19.12.2024, on flimsy grounds without considering the explanations submitted by petitioner and without following due procedure contemplated under law
as illegal, arbitrary, unjust, contrary to law and clear violation of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and by violating principles of natural justice and set aside the impugned orders passed by the 3rd respondent vide proceedings Rc.No.B2/1276/2024, dated 19.12.2024, and consequently direct the respondents to release the essential commodities to the petitioner’s Fair price shop No.1219024, situated at Rangachedu Village, Gummagatta Mandal, Ananthapur District, in the interest of justice pending disposal of the above writ petition and pass…”
2. The case of the petitioner is that basing on the report submitted by the 4th respondent/Tahsildar a show cause notice was issued on 10.12.2024 for which the petitioner submitted her explanation on 16.12.2024. The respondents, without considering the explanation, have issued the impugned proceedings dated 19.12.2024, cancelling the authorization of the petitioner’s fair price shop. 3. During the course of hearing, learned counsel for the petitioner submits that against the impugned proceedings, dated 19.12.2024, the petitioner has preferred an Appeal before the 2nd respondent/Joint Collector and the same is pending for consideration from 10.01.2025 and prayed to dispose of the same. 4.
Having considered the submission made by the learned counsel for the petitioner, without going into the merits of the case, the 2nd respondent is directed to dispose of the Appeal, dated 10.01.2025, preferred by the petitioner, within a period of one (1) month from the date of receipt of a copy
of this order, failing which the respondents shall renew the authorization of the petitioner’s fair price shop. 5. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. ___________________________
JUSTICE SUMATHI JAGADAM Date: 28.03.2025 KAS
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THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
WRIT PETITION NO: 7923/2025
Date: 28.03.2025 KAS