Extracted from the PDF above. The PDF is authoritative.
APHC010225312017
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 17782/2017 Between:
1. T RAVINDRANATHA REDDY, S/O. T. RAJA REDDY, AGE 63 YEARS, OCC: F.P. SHOP DEALER, SHOP NO.24, RAVANAIAHGARIPALLI VILLAGE, PAKALA MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND
1. STATE OF AP 2 OTHERS, REP. BY ITS SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES (CS.I) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, ARNARAVATHI, GUNTUR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR, TIRUPATHI, CHITTOOR
3. THE TAHSILDAR, PAKALA MANDAL, CHITTOOR DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased towrit of mandamus, declaring action of the 2nd respondent in restoring the authorization of the petitioner by his proceedings D.Dis.K/2084/2016, Dt. 19.04.2017 in respect of imposing penalty without authority is illegal, arbitrary and violation of principles of natural justice and consequently set aside the same, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case IA NO: 1 OF 2017(WPMP 21715 OF 2017
VS,J W.P No.17782 of 2017 2
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the proceedings D.Dis/K/2084/2016, dt.19.04.2017 issued by the 2nd respondent by directing 2nd respondent to allot the essential commodities to the petitioner fair shop No.24 of Ravanaihagaripalli village, ,,pakala mandal, chittor district Counsel for the Petitioner:
1. K SRINIVAS Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES (AP) The Court made the following:
VS,J W.P No.17782 of 2017 3
ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
“….to issue a writ or direction more particularly one in the nature of mandamus, declaring action of the 2nd respondent in restoring the authorization of the petitioner by his proceedings D.Dis.K/2084/2016, dated 19.04.2017 in respect of imposing penalty without authority is illegal, arbitrary and violation of principles of natural justice and consequently set aside the same ….”
2.
The petitioner was appointed as a Fair Price Shop dealer for Shop No.24, Ravanaiahgaripalli Village, Pakala Mandal, Chittoor District, on a permanent basis in the year 1996. Since the date of his appointment, the petitioner has been distributing essential commodities to the cardholders without any remarks. 3. While the matter being so, basing on the report of the 3rd respondent, the 2nd respondent issued a show-cause notice to the petitioner on 19.12.2016, calling for an explanation from the petitioner alleging certain irregularities. In response, the petitioner submitted an explanation on
30.12.2016. After duly considering the explanation submitted by the petitioner, the 2nd respondent vide impugned order dated 19.04.2017, while restoring the petitioner’s dealership, has imposed a penalty of Rs.26,525/- with a warning to the petitioner not to repeat such lapses in the future. Challenging the said impugned order, the present writ petition is filed. 4. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies for respondents. VS,J W.P No.17782 of 2017 4
5. On a perusal of the documents filed by the petitioner, it can be seen that, in pursuance of the impugned proceedings, the petitioner has already paid the penalty amount by way of Challan dated 12.07.2017; accordingly, the Fair Price Shop was restored in favour of the petitioner. The learned Assistant Government Pleader for Civil Supplies has informed that the petitioner is also running the said shop even as on today. 6. Since the petitioner has already paid the penalty amount in pursuance of the impugned proceedings, and thereafter the proceedings have been revoked, and the subject shop was reallotted to the petitioner and he is also running the said Fair Price Shop even as on today, this Court is of the opinion that no further cause survives in this writ petition. 7. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :20.08.2025. KGR