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2025 DAILYLAW 26879 (AP)

R MANJULA RANI v. THE STATE OF ANDHRA PRADESH

WP/19343/2025 · 2025-08-10

V Sujatha

body2025

Judgment text

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APHC010380732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19343 OF 2025 Between: R Manjula Rani, W/o. Jagadeeswara Reddy, aged 40 years, Occ: Fair Price Shop Dealer, FP Shop No. 1382049, Dharmapeta, Kurnool Urban Mandal, Kurnool District, Andhra Pradesh. R/o. H. No. 51-15A-18-10K-1, Baba Brundavan Nagar, Kurnool, Kurnool District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, (Civil Supplies Department), Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. 2. The District Collector (Civil Supplies), Kurnool District, Andhra Pradesh. 3. The Revenue Divisional Officer, Kurnool, Kurnool District, Andhra Pradesh. 4. The Assistant Supply Officer, Kurnool Urban Mandal, Kurnool District, Andhra Pradesh ...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 a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not w implementing the orders passed by the 3rd respondent dated 31.01.2025 for allotment of Essential Commodities to the petitioner. Fair Price Shop in Shop No. 1382049 of Kurnool Urban by the 4th respondent is as illegal, arbitrary and also oppose to all cannons of justice along with Article 19(1)(g) of the Constitution of India consequentially direct the respondents more particularly the 4th respondent to allow the petitioner to supply the commodities by receiving the penalty amount by virtue of the orders passed by the 3rd respondent dated 31.01.2025 forthwith. 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 more particularly the 4th respondent to allow the petitioner to supply the commodities by receiving the penalty amount by virtue of the orders passed by the 3rd respondent dated 31.01.2025 forthwith pending disposal of the above writ petition. Counsel for the Petitioner: M/S. PAREPALLI REVATHI Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010380732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19343/2025 Between: 1.R MANJULA RANI, W/0. JAGADEESWARA REDDY, AGED 40 YEARS, OCC FAIR PRICE SHOP DEALER, FP SHOP NO. 1382049, DHARMAPETA, KURNOOL URBAN MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH. R/0. H. NO. 51-15A-18-10K-1, BABA BRUNDAVAN NAGAR, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT ANDHRA PRADESH. CIVIL SUPPLIES DEPARTMENT 2.THE DISTRICT COLLECTOR CIVIL SUPPLIES, KURNOOL DISTRICT ANDHRA PRADESH. 3.THE REVENUE DIVISIONAL OFFICER, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH. 4.THE ASSISTANT SUPPLY OFFICER, KURNOOL URBAN MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH ...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 or Order or Direction more particularly one 2 in the nature of Writ of Mandamus declaring the action of the respondents in not implementing the orders passed by the 3rd respondent dated 31.01.2025 for allotment of Essential Commodities to the petitioner. Fair Price Shop in Shop No. 1382049 of Kurnool Urban by the 4th respondent is as illegal, arbitrary and also oppose to all cannons of justice along with Article 19(1)(g) of the Constitution of India consequentially direct the respondents more particularly the 4th respondent to allow the petitioner to supply the commodities by receiving the penalty amount by virtue of the orders passed by the 3rd respondent dated 31.01.2025 forthwith and to 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 Pleased to direct the respondents more particularly the 4th respondent to allow the petitioner to supply the commodities by receiving the penalty amount by virtue of the orders passed by the 3rd respondent dated 31.01.2025 forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.PAREPALLI REVATHI Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.19343 of 2025 ORDER; The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- ...to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not implementing the orders passed by the 3rd respondent dated 31.01.2025 for allotment of Essential Commodities to the petitioner. Fair Price Shop in Shop No. 1382049 of Kurnool Urban by the 4th respondent is as illegal, arbitrary and also oppose to all cannons of justice along with Article 'I9(1)(g) of the Constitution of India consequentially direct the respondents more particularly the 4th respondent to allow the petitioner to supply the commodities by receiving the penalty amount by virtue of the orders passed by the 3rd respondent dated 31.01.2025 forthwith and to pass....” 2. The petitioner was appointed as fair price shop dealer in the year 2019 and the same has been extended from time to time. While the matter being so, the Food Inspector, Kurnool has inspected the petitioner’s fair price shop on 05.10.2024 and have found variation of 1760 kilograms of fortified rice and 133 kilograms of Ragi in the ground balance, basing on which, a show cause notice was issued on 30.10.2024 calling for an explanation from the petitioner. Thereafter, considering the explanation submitted by the petitioner, vide proceedings dated 31.01.2025. the 3'"^ respondent has found that the charges framed against the petitioner are not grave in nature and that she has not committed any mistake in distribution of essential commodities to the cardholders under PDS and has accordingly dropped the said charges by giving serious 4 warning. However, as the PDS rice is less in the fair price shop, a penalty of Rs.5,000/- was imposed against the petitioner, directing to remit the said amount under ‘1456 - Civil Supplies - 800 - other items - 81- other receipts’. As the said order was not implemented till date by the respondents, the petitioner has filed the present petition. 3. Heard Mrs. P. Revathi, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. Today when the writ petition came up for hearing, learned Assistant 4. th Government Pleader has produced a copy of letter addressed by the 4 respondent, wherein it is stated that the petitioner’s shop would be restored as and when she remits the penalty of Rs.5,000/- through a challan. Learned counsel for the petitioner has brought to the notice of this Court the challan dated 17.02.2025 through which the petitioner has already remitted the penalty amount of Rs.5,000/-, as directed by the 3''' respondent, but, in spite of the same, the 4*^^ respondent has failed to allot the essential commodities to 5. the petitioner’s fair price shop. 6. In view of the above, this Court feels it appropriate to dispose of the writ petition by directing the 4*'' respondent to allot essential commodities to the petitioner’s fair price shop, immediately after confirming the receipt of the penalty amount paid by the petitioner. The said process shall be completed within a period of one (1) week from the date of receipt of a copy of this order. 7. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. 5 r As a sequel, miscellaneous applications, pending, if any, shall also stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTON OFFICER To, 1. The Principal Secretary, Civil Supplies Department Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. 2. The District Collector Civil Supplies, Kurnool District, 3. The Revenue Divisional Officer, Pradesh. 4, The Assistant Supply Officer, Kurnool Urban Mandal, Andhra Pradesh 5. One CC to M/s.Parepalli Revathi Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court [OUT] 7. Two CD Copies Andhra Pradesh. Kurnool, Kurnool District, Andhra Kurnool District, of Andhra Pradesh TF HIGH COURT DATED:11/08/2025 ORDER WP NO. 19343 OF 2025 ^o^andh^ 5 19 AUG 2025 ^ Co Current Section , DISPOSING OF THE W.P., WITHOUT COSTS