Extracted from the PDF above. The PDF is authoritative.
APHC010315872025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
WRIT PETITION NO: 18311/2025 Between:
1. K VARALAKSHMI, W/O K.NAGARAJU GOWD, AGE 37 YEARS, OCC FAIR PRICE SHOP DEALER, R/O D.NO.2/207, DORAPALLI VILLAGE, DHONE MANDAL, NANDYAL DISTRICT.
...PETITIONER AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI.
2. THE JOINT COLLECTOR, , NANDYAL, NANDYAL DISTRICT.
3. THE REVENUE DIVISIONAL OFFICER, DHONE, NANDYAL DISTRICT.
4. THE TAHSILDAR, DHONE MANDAL, NANDYAL 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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing the cancellation of petitioners Fair Price Shop No. 1349048 of Dorapalli Village, Dhone Mandal, Nandyal District vide Proceedings vide Rcf.No. A/106/2024, dated 28- 03-2024, as illegal, arbitrary, unjust and violation of principles of natural justice and consequently set aside the impugned proceedings vide Rcf.No.A/106/2024, dated 28-03-2024, issued by the 3rd respondent and pass
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 to suspend the impugned proceedings vide Rcf. no
2 /106/2024, dated 28-03-2024, issued by the 3rd respondent, pending disposal of the writ petition and pass
Counsel for the Petitioner:
1. U RAMANJANEYULU
Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES
The Court made the following:
3 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
WRIT PETITION NO. 18311 of 2025
ORDER:
The present writ petition is filed questioning the order, dated 28.03.2024 passed by the 3rd respondent whereunder the authorization of the petitioner’s fair price shop No.1349048 of Dorapalli Village, Dhone Mandal, Nandyal District, was cancelled on the charges leveled against the petitioner. It is the case of the petitioner that she was appointed as fair price shop dealer in the year 2010 and she has been distributing the essential commodities to the cardholders without therebeing any complaint. Based on inspection dated 07.11.2023 conducted by the team of officers, show cause notice was issued and the same was culminated in passing the order impugned. On perusal of the averments made in support of the writ petition, it is stated that the petitioner already filed appeal before the 2nd respondent assailing the order impugned in the present writ petition. In view of the same, the present writ petition cannot be entertained as the petitioner is not entitled to initiate parallel proceedings, simultaneously as against the same order. 2. During the course of hearing, the learned counsel for the petitioner draws the attention of this Court to Clause 24(b) of A.P.State Targeted Public Distribution System (Control) Order 2018, whereunder the appellate authority shall as far as practicable to dispose of the appeal within a period of 60 days from the date of filing of the appeal. 4 On perusal of the copy of the appeal filed by the petitioner, it is noticed that the appeal was filed on 23.03.2024. It is contended by the learned counsel for the petitioner despite filing the appeal in the month of March, 2024, the 2nd respondent did not make endeavour either to hear the interlocutory application filed along with the appeal or the main appeal. 3. On the other hand, the learned Assistant Government Pleader for Civil Supplies would submit that the appeal could not be taken up for hearing in view of administrative contingencies and requested this Court to pass appropriate orders by directing the 2nd respondent to dispose of the appeal. 4. Having regard to the submissions made by the learned counsel on either side, this Court feels that, it is appropriate to dispose of the writ petition by directing the 2nd respondent to dispose of the appeal filed by the petitioner within a period of one month from today.
It is further directed that the 2nd respondent shall afford opportunity of being heard to the petitioner before passing order in the appeal. 5. Accordingly, the Writ Petition is disposed of. There shall be no
order as to costs.
As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed.
_____________________ JUSTICE T.C.D.SEKHAR Date : 23.07.2025 SPP
5
THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
Writ Petition No:18311 of 2025
Date : 23.07.2025
SPP