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2025 DAILYLAW 26199 (AP)

SHAIK MAHABOOB BASHA v. The State of Andhra Pradesh,

WP/18730/2025 · 2025-07-23

T C D Sekhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010370612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18730/2025 Between: 1. SHAIK MAHABOOB BASHA, S/O SHAIK MOHIDDIN SAHEB, AGED ABOUT 59 YEARS, OCC. FAIR PRICE SHOP DEALER, R/O D.NO. 105/31, RAYALAPANTHULAPALLI VILLAGE, C.K. DINNE MANDAL, YSR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, YSR DISTRICT, KADAPA. 3. THE REVENUE DIVISIONAL OFFICER, KADAPA DIVISION, YSR DISTRICT. 4. THE TAHSILDAR, C.K. DINNE MANDAL, YSR DISTRICT. 5. THE VIGILANCE AND ENFORCEMENT OFFICER, CIVIL SUPPLIES WING, KADAPA, YSR 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 2 TCDS,J W.P.No.18730 of 2025 Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondents in treating the Petitioner's Fair Price Shop Authorization as expired and seizing the stock on 02.07.2025 as illegal, arbitrary, violative of principles of natural justice and Articles 14, 19, and 21 of the Constitution of India and consequently direct the Respondents to consider the Petitioner's renewal applications and receipts (APTC Form-10, Challans, etc.) and regularize the authorization of the Fair Price Shop with retrospective effect and release the seized stock and allow the Petitioner to resume operations of Fair Price Shop No.1132010 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 pleased to direct the Respondents to consider the Petitioner's renewal applications and receipts (APTC Form-10, Challans, etc.) and regularize the authorization of the Fair Price Shop with retrospective effect and release the seized stock and allow the Petitioner to resume operations of Fair Price Shop No.1132010, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. RAMESH VODNALA Counsel for the Respondent(S): 1. RAMESH VODNALA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 TCDS,J W.P.No.18730 of 2025 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18730 of 2025 ORDER: It is the case of the petitioner that he is the fair price shop dealer for shop No.1132010 of Rayalapanthulapalli village, CK Dinne Mandal, YSR Kadapa District. It is further case of the petitioner that the authorization of the petitioner was being extended from time to time and it was valid till 31.03.2025. It is further stated that despite making applications for the renewal, the 3rd respondent did not choose to pass any orders on the same. It is the further case of the petitioner that on 02.07.2025, the officials from Vigilance and Enforcement conducted inspection in the fair price shop of the petitioner and seized the stock on the ground that the petitioner’s authorization was expired on 31.03.2013. It is the specific case of the petitioner that he approached the 3rd respondent for renewal of his authorization at regular intervals by paying requisite fee. Upon receipt of the said fee, the 3rd respondent continued to supply the essential commodities till July, 2025. Thereafter by virtue of inspection conducted by the Vigilance and Enforcement Officials on 02.07.2025, the respondents stopped supplying essential commodities to the petitioner’s shop. 2. On the other hand, the learned Assistant Government Pleader for Civil Supplies placed the written instructions furnished by the 3rd respondent. On perusal of the same, it is stated that the authorization of 4 TCDS,J W.P.No.18730 of 2025 the petitioner was expired on 31.03.2013 and thereafter an inspection was conducted, in which, it was found that the petitioner has committed certain irregularities. In view of the same, the authorization of the petitioner was suspended by order dated 21.07.2025. 3. In reply, the learned counsel for the petitioner would contend that no notice was issued to the petitioner before passing the order of suspension. 4. Having regard to the submissions made by the learned counsel on either side, the relief sought for in the instant writ petition cannot be entertained, unless the order of the suspension dated 21.07.2025 is challenged by the petitioner. 5. In view of the same, this writ petition is closed giving liberty to the petitioner to challenge the order of suspension dated 21.07.2025. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Date: 24.07.2025 sj 5 TCDS,J W.P.No.18730 of 2025 42 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18730 of 2025 Date: 24.07.2025 sj