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High Court of Andhra Pradesh · body

2025 DAILYLAW 18501 (AP)

M SIVA RAMA REDDY v. The State of Andhra Pradesh,

WP/13300/2025 · 2025-09-08

V Sujatha

body2025

Judgment text

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1 VS,J W.P.No.13300 of 2025 APHC010256562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 13300/2025 Between: 1. M SIVA RAMA REDDY, S/O. BALI REDDY, AGED ABOUT 60, YEARS, OCC. FAIR SHOP DEALER, F.P. SHOP NO.1121014, R/O. D.NO.4/80, KONDREDDYPALLI VILLAGE, VEMULA MANDAL, KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, PULIVENDULA DIVISION, Y.S.R. KADAPA DISTRICT. 3. THE TAHSILDAR, VEMULA MANDAL, Y.S.R KADAPA 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 tomay be pleased to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the respondent no.2 in suspending the authorization of the petitioner vide proceedings in Ref. no. 1/97/2025 dated 26.04.2025 without verifying the records is illegal, arbitrary and violation of Articles 14,19 and 21 of constitution of India consequently set aside the same and pass such 2 VS,J W.P.No.13300 of 2025 IA NO: 1 OF 2025 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 may be pleased to suspend the proceedings issued by the 2nd respondent vide proceedings in Ref. no. Ref. no. 1/97/2025 dated 26.04.2025 by continuing the petitioner as a F.P shop dealer in Shop No. 1121014, Kondreddypalli Village, Vemula Mandal, Kadapa District. By enabling him to supply to the card holders pending disposal of the above Writ Petition and pass such Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 2. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.13300 of 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 13300/2025 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 of Mandamus or any other appropriate Writ Order or direction declaring the action of the respondent no.2 in suspending the authorization of the petitioner vide proceedings in Ref no.1/97/2025 dated 26.04.2025 without verifying the records is illegal, arbitrary and violation of Articles 14, 19 and 21 of constitution of India consequently set aside the same and pass such order or orders…” 2. The petitioner was appointed as a permanent fair price shop dealer for shop No.1121014, Kondreddypalli Village, Vemula Mnadal, Kadapa District. 3. While the matter being so, basing on a report submitted by the Tahsildar on 24.02.2025 that the Mandal Revenue Inspector, Vemula and Village Revenue Officer concerned had conducted enquiry on the petitioner’s fair price shop and found certain irregularities, issued a show cause notice to the petitioner on 17.04.2025 calling for an explanation, framing a single charge alleging that the petitioner had not produced valid authorization at the time of the said inspection. For which, the petitioner submitted an explanation on 23.04.2025 duly stating that he had paid a challan for an amount of Rs.1250/- vide Challan No.71122806562023, dated 10.06.2023 and Rs.500/- vide Challan No.81415246422024, dated 19.02.2025, in spite of the same, the respondents have failed to renew the petitioner’s authorization and as such, he was not in a position to furnish a copy of the renewal orders. But instead of 4 VS,J W.P.No.13300 of 2025 considering such explanation submitted by the petitioner, the respondents suspended the petitioner’s authorization. Challenging which, the present writ petition is filed. 4. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies representing the respondents. 5. On a perusal of the explanation and as well as the documents filed by the petitioner, it is clear that the petitioner had already paid challan for an amount of Rs.1250/- vide Challan No.71122806562023, dated 10.06.2023 and Rs.500/- vide Challan No.81415246422024, dated 19.02.2025. In pursuance of the said payments, the respondents ought to have passed appropriate orders for renewal of the petitioner’s authorization. In the absence of any such orders passed by the respondents for renewal, the petitioner could not be in a position to furnish a copy of the renewal orders. In view of the same, suspending the petitioner’s authorization on the sole ground of non- production of the renewal orders is illegal. As such, the impugned proceedings dated 26.04.2025 are liable to be set aside. 6. Accordingly, the Writ Petition is allowed by setting aside the impugned order dated 26.04.2025. The 2nd respondent is directed to consider the case of the petitioner for renewal paid vide challan No.71122806562023, dated 10.06.2023 and challan No.81415246422024, dated 19.02.2025, within a period of four (04) weeks from the date of receipt of copy of this order. It is 5 VS,J W.P.No.13300 of 2025 needless to say that the respondents are directed to supply essential commodities to the petitioner’s fair price shop. No costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date : 09.09.2025 JLV 6 VS,J W.P.No.13300 of 2025 542 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 13300/2025 Dt.09.09.2025 JLV