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2025 DAILYLAW 20886 (AP)

THUMMALAPLLI VENKATA LAKSHMI KUMARI v. THE STATE OF AP

WP/14746/2025 · 2025-08-29

V Sujatha

body2025

Judgment text

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messs). APHC010293752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14746 OF 2025 Between: Smt. Thummalaplli Venkata Lakshmi Kumari, W/o. Subramnyam Aged about 50 years, F.P. Shop. No. 0803001, Old Ramalayam Street, Tripuranthakam Village and Mandal, Markapur Division, Prakasam District Batchu ...Petitioner AND 1. The State of A.P, rep. By its Principal Secretary, Civil Supplies (CS) Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Collector, (Civil Supplies), Ongole, Prakasam District. 3. The Sub Collector, Markapur, Prakasam District. 4. The Tahsildar, , Tripuranthakam Mandal Prakasam District. 5. Enforcement Deputy Tahsildar, Yerragondapalem Mandal, Prakasam District. 6. Potti Lakshmi Susmitha W/o Sudheer Kumar, Indian, aged about years, D.No. 1-8, Ramalayam Street, Treasurer of Lakshmi Saraswathi SHG Group, Tripuranthakam (V),(M), Prakasam District. (R6 is impleaded in Writ Petition and Affidavit as per the Court Order dated 11.08.2025 vide order passed in I.A. No.2 of 2025.) ...Respondents 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 to issue an appropriate writ order or direction more one in the nature of Writ of mandamus or any other appropriate writ order or direction declaring the action of the 3rd Respondent vide proceedings in Rc.C/213/2025 dated 31-05-2025 suspending the petitioners authorization in respect of FP Shop No. 0803001 Tripuranthakam Village and Mandal, Markapur Division, Prakasam District without assigning any valid reasons and without following the procedure as contemplated under A.P. State Targeted Public Distribution System (Control) order 2018, besides offending Article 14 and 19 of Constitution of India and consequentially direct the respondents to allot the stocks for distribution to the card holders by suspending the order issued by the 3rd respondent vide proceedings in Rc.C/213/2025 dated 31-05-2025 in respect of FP Shop No. 0803001 Tripuranthakam Village and Mandal, Markapur Division, Prakasam District pending disposal of the above writ petitio i i. lA 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 to direct the respondents to allot the stocks for distribution to the card holders by suspending the order issued by the 3rd respondent vide proceedings in Rc.C/213/2025 dated 31-05-2025 in respect of FP Shop No. 0803001 Tripuranthakam Village & Mandal, Markapur Division, Prakasam. District pending disposal of the above writ petition. Counsel for the Petitioner: M/s KOPPARTHI SUMATHI Counsel for the Respondent Nos. 1 to 5: GP FOR CIVIL SUPPLIES Counsel for the Respondent No. 6: M/s K ARUNA The Court made the following order: APHC010293752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT the honourable smt justice V.SUJATHA WRIT PETITION NO: 14746/2025 Between; I VENKATA LAKSHMI KUMARI, W/0. BATCHU AGED ABOUT 50 YEARS, F.P. SHOP. NO. 0803001, TRIPURANTHAKAM VILLAGE AND 1 thummalaplli SUBRAMNYAM ramalayam street MARKAPUR DIVISION, PRAKASAM DISTRICT OLD mandal. ...PETITIONER AND state of ap. rep. by its principal secretary, civil VELAGAPUDI, ^ SUPPLIES (CS) DEPARTMENT, SECRETARIAT, amapavati GUNTUR DISTRICT. ONGOLE, PRAKASAM COLLECTOR, (CIVIL SUPPLIES), 2.THE PISTRIDT. 3 the sub collector, MARKAPUR, PRAKASAM DISTRICT. TAHSILDAR, , TRIPURANTHAKAM MANDAL PRAKASAM 4.THE district. 5 PIMFORCEMENT deputy TAHSILDAR, YERRAGONDAPALEM 'i^^^IMDAL, PRAKASAM DISTRICT. pOTTI LAKSHMI SUSMITHA W/0 SUDHEER KUMAR, INDIAN, AGED ■yj^gOUT YEARS, D.NO. 1 8, RAMALAYAM STREET, TREASURER OF LaKSHMI SARASWATHI SHG group, TRIPURANTHAKAM (V),(M), pPAKASAM DISTRICT. R6 IS IMPLEADED IN WRIT PETITION AND affidavit as per the court order dated 11.08.2025 VIDE 2 ORDER PASSED IN I.A. N0.2 OF 2025. ...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 to issue an appropriate writ order or direction more one in the nature of Writ of mandamus or any other appropriate writ order or direction declaring the action of the 3rd Respondent vide proceedings in Rc.C/213/2025 dated 31-05-2025 suspending the petitioners authorization in respect of FP Shop No. 0803001 Tripuranthakam Village and Mandal, Markapur Prakasam District without assigning any valid reasons and without following the procedure as contemplated under A.P. State Targeted Public Distribution System (Control) order 2018, besides offending Article 14 and 19 of Constitution of India and consequentially direct the respondents to allot the stocks for distribution to the card holders by suspending the order issued by the 3rd respondent vide proceedings in Rc.C/213/2025 dated 31-05-2025 in respect of FP Shop No. 0803001 Tripuranthakam Village and Mandal, Markapur Division, Prakasam District pending disposal of the above writ petition and pass lA 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 to direct the respondents to allot the stocks for distribution to the card holders by suspending the order issued by the 3rd respondent vide proceedings in Rc.C/213/2025 dated 31-05-2025 in respect of FP Shop No. 0803001 Tripuranthakam Village & Mandal, Markapur Division, Prakasam. District pending disposal of the above writ petition and pass lA NO: 2 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 to implead/add the Proposed Respondent as 6th Respondent in the above writ petition and to pass Counsel for the Petitioner; 1.KCPPARTHI SUMATHI Counsel for the Respondent(S): 1.GP FCR CIVIL SUPPLIES Division, 3 The Court made the following ORDER: jhe present writ petition is filed to declare the action of the 3'"^ respondent in suspending the petitioner’s authorization in respect of FP Shop No.0803001 Tripuranthakam Village & Mandal, Markapur Division, Prakasam District vide proceedings in Rc.C/213/2025, dated 31.05.2025 without assigning reasons and without following the procedure as contemplated under A.P.State Targetted Public Distribution System (Control) Order, 2018, as illegal and arbitrary. The petitioner was appointed as a permanent dealer of FP Shop No.0803001 Tripuranthakam Village & Mandal, Markapur Division, Prakasam District and he has been supplying essential commodities as the Fair Price shop dealer to the card-holders without any complaint either from the card holders or from the respondent authorities since his date of appointment, (b) While so, the petitioner’s shop was inspected by the respondents on 11 04 2025, alleging certain variations in the shop. Accordingly, the 3'^'^ respondent issued a show-cause notice dated 15.04.2025, calling upon the petitioner to submit an explanation within seven (7) days. Thereafter, the petitioner submitted her explanation on 12.05.2025. (c) The grievance of the petitioner is that the respondents, without referring to or considering the explanation submitted by the petitioner, straightaway suspended the petitioner’s authorization pending inquiry. When the writ petition came up for admission on 14.07.2025, this Court stayed all further proceedings of the impugned order dated 31.05.2025 till the next date of hearing. Thereafter, the interim order was extended from time to time. 2. \ 3. Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies appeared for the respodnents. 4. 5. On a perusal of the though the petitioner has notice dated 05.02.2025 submitted by the petitioner which fact proves that the all considered by the authorization. Hence, the said iimpugned orders, it submitted explanation i nowhere it is referred with can be observed that in pursuance of show-cause regard to the explanation said explanation, petitioner was not at suspending the petitioner’s impugned proceedings are liable to be set aside. as well as the contents of the explanation submitted by the respondents before 6. In view of the facts allowed by setting aside the i and circumstances of the case, the Writ Petition is impugned proceedings vide Rc.C/213/2025 31.05.2025. However, leaving inquiry strictly by following the Targetted Public Distribution . - dated I open to the respondent authorities to conduct procedure contemplated under A P State System (Control) Order. 2018. It is needless to say that the respondent authorities shall supply petitioner’s Fair Prirp -ru " r-rice Shop. There shall be .•|-e„aneous petihons pending, if any, in this case, shall stand closed.t //TRUE COPY// essential commodities to the order as to costs. no ^ fi; .. Sd/- K J RAJA BABU ASSISTANT REGISTRAR SECTOIN OFFICER To. T The Principal Secretary . , . Supplies (CS) Department Secretariat, Velagapudi, Amaravati, Guntur District 2. The Collector. (Civil Supplies) 3. The Sub Collector, 4- TheTahsildar State of AP, - Ongole, Prakasam District. Markapur, Prakasam District. Tripuranthakam Mandal Prakasam 5. Enforcement Deputy Tahsildar District. > » District. ’ '’^^rragondapalem Mandal, Prakasam 6. One CC to M/s Kopparthi Sumathi Advocate T. OneCCto M/sKAruna 8. Two CCS to GP for Civil 9. Two CD Copies [OPUCJ Advocate [OPUCJ Supplies, High Court of Andhra Pradesh [OUjf GSC HIGH COURT DATE0:30/08/2025 ORDER WP NO. 14746 OF 2025 I” 2 3 SEP 2025 | . Curreni Section . 5^ (o. ALLOWING THE WP WITHOUT COSTS