Betha Prakash reddy v. The State of Andhra Pradesh,
WP/17327/2025 · 2025-07-10
T C D Sekhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24422 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24422 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010345142025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17327/2025
Between:
1. BETHA PRAKASH REDDY, S/O VENKATASUBBAIAH, AGE 43 YRS, OCCUPATION FAIR PRICE SHOP DEALER
(F.P.SHOP NO..0811051), MANGAPURAM(V), KONAKANAMITLA(M),PRAKASAM DIST. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, (CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES), AP SECRETARIATE, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR CIVIL SUPPLIES AND MAGISTRATE, ONGOLE, PRAKASAM DISTRICT. 3. THE DISTRICT SUPPLIES OFFICER, ONGOLE, PRAKASAM DISTRICT
4. THE REVENUE DIVISIONAL OFFICER, KANIGIRI, PRAKASAM DISTRICT. 5. THE TAHSILDAR, KONA KANA MITIA (K.K. MITIA) MANDAL, PRAKASAM DISTRICT. 6. THE FOOD INSPECTOR/ ENFORCEMENT DEPUTY TAHSILDAR, PODILI MANDAL, PRAKASAM 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 topleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent issuing impugned proceedings Rc.E/629/2024, dated 30.06.2025 by cancellation of dealership of the authorization of the petitioner as fair price shop dealer of Fair Price Shop
No. 0811051 , Managapuram Village, K.K. Mitia Mandal, Prakasam District, without there being any valid reason to the petitioner as illegal, arbitrary and violative of principles of natural justice and violative 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, violation of orders of the Honourable High Court in WA 139 of 2025 dt. 18.03.2025 and consequently set-aside the same and further direct the respondents to continue the petitioner for the dealer of Fair Price Shop No. 0811051, Managapuram Village, K.K. Mitia Mandal, Prakasam District
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 pleased to direct the respondents to continue the petitioner as the Fair Price shop Dealer and to supply essential commodities to the petitioner’s Fair Price Shop No. 0811051, Managapuram Village, K.K. Mitia Mandal, Prakasam District by suspending the impugned proceedings of 4th respondent in Rc.E/629/2024, dated 30.06.2025 pending disposal of Writ Petition
Counsel for the Petitioner:
1.
GUNDALA SIVA PRASADA REDDY
Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES
The Court made the following Order:
The petitioner is questioning the order dated 30.06.2025 passed by the 4th respondent, whereby the authorisation of the petitioner’s Fair Price Shop No. 0811051 of Mangapuram Village, K. K. Mitla Mandal, Prakasam District, was cancelled. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 3. It is the case of the petitioner that on 04.11.2024, respondent Nos. 5 and 6 inspected the petitioner's fair price shop and found certain discrepancies in the stock. Pursuant to the said inspection, respondent Nos. 5 and 6 submitted a report dated 05.11.2024 to the 4th respondent, recommending initiation of action against the petitioner. In pursuance thereof, a show cause notice dated 06.02.2025 was issued to the petitioner, directing him to submit an explanation as to why his authorisation should not be cancelled. The petitioner claims that he submitted his explanation on 25.06.2025. Thereafter, the 4th respondent passed the impugned order cancelling the petitioner’s authorisation. Aggrieved by the same, the present writ petition is filed. 4. It is the specific contention of the petitioner that, despite submitting an explanation, the same was not considered by the 4th respondent while passing the impugned order. Be that as it may, on a perusal of the explanation dated 25.06.2025, except stating that the show cause notice was issued at the instance of local political leaders, no explanation is offered, meeting the charges leveled against him. In the absence of any explanation, the petitioner cannot allege mala fides against the respondents. 5. In view of the above, this Court is not inclined to entertain the present writ petition. Accordingly, this Writ Petition is dismissed. It is needless to mention that the petitioner is at liberty to file an appeal, as provided under law, if he is so advised. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. _____________________ JUSTICE T.C.D. SEKHAR
11th July, 2025 cbn
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THE HON’BLE SRI JUSTICE T.C.D.SEKHAR
WRIT PETITION No.17327 of 2025
11th July, 2025
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