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I \ APHC010347102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17583 OF 2025 w/y a \: Between: K. Rama Mohan Reddy, S/o K. Sanjeeva I Reddy 1318015, Occupation: Fair Price Shop Dealer, Mandal, Kurnool District. 54 years. Shop No. Basthipadu Village, Kallur ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary , Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The Collector(CS)/Joint Collector and Additional District Magistrate, Kurnool, Kurnool District. 3. The Revenue Divisional Officer, Kurnool, Kurnool District. 4. The Tahsildar, Kallur Mandal, Kurnool District. ...RESPONDENTS of India praying that in the the High Court may be appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus issue an declaring the action of the second respondent in neither disposing of the appeal filed by the petitioner nor granting stay orders in the said appeal . and contrary to law by setting aside the Proceedings Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith pleased to issue an one as illegal, improper, unjust, arbitrary ' Rc.DT(LR)1585/2025
dated 02.06.2025 issued by the 3'^'^ respondent in cancelling the Fair Price Shop Authorization of the petitioner in Shop No. 1318015, Basthipadu Village, Kallur Mandal, Kurnool District and further directing the respondents to continue to supply essential commodities to the petitioner on regular basis. 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 Fligh Court may be pleased to stay the Proceedings in Rc.DT(LR)1585/2025 dated 02.06.2025 issued by the 3^^ respondent duly permitting the petitioner to run the Fair Price Shop No. No.1318015, Basthipadu Village, Kallur Mandal, disposal of the writ petition. Kurnool District pending Counsel for the Petitioner: SRI MAHADEVA KANTHRIGALA Counsel for the Respondent Nos.1 to 4: GP FOR CIVIL SUPPLIES The Court made the following order:
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE APHC010347102025 SMS [3505] PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17583/2025 Between:
1.K RAMA MOHAN REDDY, S/0 K. SANJEEVA I REDDY, 54 YEARS, SHOP NO. 1318015, OCCUPATION. FAIR PRICE SHOP DEALER BASTHIPADU VILLAGE, KALLUR MANDAL, KURNOOL DISTRICT.
...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. COLLECTOR AND KURNOOL, 2.THE COLLECTOR CS/JOINT ADDITIONAL DISTRICT MAGISTRATE, KURNOOL DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, KURNOOL, KURNOOL DISTRICT. 4.THE TAHSILDAR, KALLUR MANDAL, DISTRICT. KURNOOL ...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 second respondent in neither disposing of the appeal filed by the petitioner nor granting stay orders in the said appeal as illegal, improper, unjust, arbitrary and Proceedings issue an the contrary to law by setting aside Rc.DT(LR)1585/2025 dated 02.06.2025 issued by the 3rd respondent in cancelling the Fair Price Shop Authorization of the petitioner in Shop No. 1318015, Basthipadu Village, Kallur Mandal, Kurnool District and further directing the respondents to continue to supply essential commodities to the petitioner on regular basis. 7 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 stay the Proceedings in Rc.DT(LR)1585/2025 dated 02.06.2025 issued by the 3 respondent duly permitting the petitioner to run the Fair Price Shop No. No. 1318015, Basthipadu Village, Kallur Mandal, Kurnool District pending disposal of the writ petition. Counsel for the Petitioner:
1.MAHADEVA KANTHRIGALA Counsel for the Respondent(S):
1.GP FOR CIVIL SUPPLIES The Court made the following:
THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17583 OF 2025
ORDER: It is the case of the petitioner that he was appointed as permanent dealer of fair price shop for shop No. 1318015 of Basthipadu Village, Kallur Mandal, Kurnool District by virtue of proceedings, dated 13.02.2013 issued by the 3^^ respondent. It is his further case that he is distributing the essential commodities to the cardholders without therebeing any complaints. While things stood thus, inspection was carried out in the fair price shop of the petitioner on 30.12.2024 by Mandal Revenue Inspector along with Village Revenue Officer of Basthipadu Village and found certain variations in the stock maintained by the petitioner and accordingly, a report was sent to the 3'"^ respondent on the same day. It is further stated that based on the said report, the 3'^'^ respondent issued.show cause notice, dated 06.01.2025 asking the petitioner to submit explanation as to why the authorization shall not be cancelled.
2. The petitioner claims that he submitted explanation and thereafter, the 3'^'^ respondent passed
order, dated 22.01.2025 suspending the authorization of the petitioner pending enquiry. Subsequently, the 3'^'^ respondent by order dated 02.06.2025 cancelled the authorization of the petitioner as the allegations set out in the show cause notice are proved. Be that as it may, the petitioner preferred an appeal before the 2'^’^ respondent under Section 24(d) of the Andhra
Pradesh State Public Distribution System and Control Orders, 2018. It is further case of the petitioner that along with the said appeal, he also filed an application seeking the stay of all further proceedings to the cancellation order, dated 02.06.2025. It is further case of the petitioner that despite filing the appeal, the 2"^ respondent did not take up the matter for hearing till today. Aggrieved by the same, the present writ petition is filed. pursuant
3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies.
4. It is not in dispute that the petitioner filed appeal before the 2""^ respondent as against
order, dated 02.06.2025 whereunder authorization of the petitioner is cancelled. The said appeal was filed on 30.06.2025. the
5. The learned .Assistant Government Pleader for Civil Supplies would submit that the appeal filed by the petitioner is yet to be numbered, and it will be taken up for hearing in due course.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned Assistant Government Pleader, this Court feels that it is appropriate to dispose of the present writ petition by directing the 2"'' respondent to number the appeal if it is filed in
order and dispose of the stay petition/interlocutory application, within a period of two weeks from the date of receipt of a copy of this order.
\ 5 With the above observation, the Writ Petition is disposed of.
7. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any. shall stand closed.
Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi.
2. The Collector (CS)/Joint Collector and Additional District Magistrate, Ku/hool, Kurnool District.
3. The Revenue Divisional Officer, Kurnool, Kurnool District.
4. TheTahsildar, Kallur^Mandal, Kurnool District.
5. One CC to Sri Mahadeva Kanthrigala, Advocate [OPUC]
6. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT]
7. Two CD Copies. ssb
<x< HIGH COURT DATED:15/07/2025
ORDER WP No.17583 OF 2025 * 21JlJtM25 ■ Current Section DISPOSING OF THE W.P. WITHOUT COSTS