IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE AMARAVATI PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI ' WRIT PETITION NO: 429 OF 2Q2fi Between: Sri Paritala Veeraswamy, S/o Tirupathaiah, aged about Price Shop Dealer Shop No.0851023, R/o Door No.1-48, Voletivanpalem village and Mandal, SPSR Nellore District. 51 years, Fair ...Petitioner AND 1. The State of Andhra Pradesh, rept., by its Principal Secretary Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, A.P. 2. The Collector and District Magistrate, Prakasam District, Nellore. 3. The Joint Collector, Prakasam, now S.P.S.R Nellore District, Nellore. 4. The Sub Collector, Kandukuru, Prakasam Food and now S.P.S.R Nellore now S.P.S.R Nellore District. 5. The Tahsildar, Voletivaripalem Mandal Prakasam, now SPSR Nellore District. ...Respondents praying that in the High Court may or any other appropriate writ order direction declaring the Notification issued by the Sub- Collector Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith be pleased to issue a writ of mandamus or Kandukuru, the 4th respondent herein vide Rc.No.724/2024, dt.31.12.2024, for appointment of permanent dealer for Shop No.0851023, in Voletivaripalem village and Mandal, SPSR Nellore District, Contrary to the G.O.Ms.No.32, Consumer Affairs, Food and Civil Supplies (CS.I) Department dt.03.12.2018, though my Revision petition No.RC.CS2/51/2017 is pending before the 2 respondent, as illegal, arbitrary and violation of principles of natural justice and consequently set aside the Notification vide Rc.No.724/2024, dt.31.12.2024, in respect of the petitioner's shop is concerned and further direct the 2 respondent to dispose of my Revision Petition vide No.Rc.CS2/51/2017 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 stay of all further proceedings pursuant to the Notification issued by the Sub-Collector, respondent herein, vide Notification Rc.No.724/2024 Kandukuru, the 4th dt.31.12.2023, in respect of the shop No.0851023, located at Voletivaripalem village and Mandal, SPSR Nellore District, pending disposal of the writ petition. Counsel for the Petitioner: SRI. GNANESWARA RAO MITTIREDDI Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010007422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATH! WRIT PETITION NO: 429/2025 Between; ...PETITIONER Sri Paritala Veeraswamy AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.GNANESWARA RAO MITTIREDDI Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief; “...pleased to issue a writ of mandamus or any other appropriate writ order or direction declaring the Notification issued by the Sub respondent herein vide 4th Collector, Kandukuru, the Rc.No.724/2024 dt.31.12.2024 for appointment of permanent dealer for Shop No.0851023, in Voletivaripalem village and Mandal W.P.No.429 of 2025 dated 08.01.202.'' 2 SPSR Nellore District, Contrary to the G.O.Ms.No.32, Consumer Affairs, Food and Civil Supplies (CS.I) Department dt.03.12.2018, though my Revision petition No.RC.CS2/51/2017 is pending before the respondent, as illegal, arbitrary and violation of principles of natural justice and consequently set aside the Notification vide Rc.No.724/2024, dt.31.12.2024, in respect of the petitioner’s shop is concerned and further direct the 2^"^ respondent to dispose of my Revision Petition vide No.Rc.CS2/51/2017 forthwith, and pass...” The case of the petitioner is briefly as follows: 02. 03. The petitioner is the permanent fair price shop dealer bearing No.0851023 in the year 2005 vide proceedings in D.Dis/1925/2005, dated 03.11.2005 in Voletipalem Village, Prakasam District (now SPSR Nellore District). While so, on 20.09.2014, the food inspector inspected the petitioner’s fair price shop and filed a case under Section 6A bearing No.284/2014. Subsequently, on 20.09.2014, the 4‘^ respondent issued a show-cause notice to the petitioner. The petitioner submitted his explanation on 29.10.2014 for the same. The Revenue Divisional Officer, Kandukur, without considering the petitioner’s explanation, cancelled his authorization on 28.11.2015. The petitioner filed the appeal before the 3’’*^ respondent, but the order was passed confirming the cancellation proceedings dated 28.11.2015. On 21.01.2017, the petitioner filed the revision petition vide Rc.CS2/51/2017 before the Collector & District Magistrate, Prakasam District, Ongole on 30.06.2018. Later the revision petition was transferred to the 2"^^ respondent herein. Further, the petitioner filed criminal appeal before the Principal Sessions and District Judge, Ongole, the Court has modified the order of the Joint Collector by making confiscation only for five (05) quintals of rice and released the remaining stock of the petitioner. While so, the 4*'^ respondent » I W.P.No.429of 2025 dated 08.01.2025 3 issued notification for filling up of the dealership of the petitioner’s fair price shop without following due process of law. Thus, the present Writ Petition is filed. The learned counsel for the petitioner submitted that the Sub-Collector, i.e., the 4*'^ respondent herein issued notification vide Rc.No.724/2024, dated 31.12.2024, for appointment of a permanent dealer for Shop No.0851023, Voletivaripalem Village and Mandal, SPSR Nellore District, contrary to the G.O.Ms.No.32, Consumer Affairs, Food and Civil Supplies (CS.I) Department, dated 03.12.2018, though the petitioner’s revision application is pending for adjudication before the 2"'* respondent. Taking advantage of the same, the vacancy is notified for filling up for appointment. The leaned Assistant Government Pleader for Civil Supplies represented that he has no written instructions. However, from the record, he submitted that the last date for the submission of applications is 10.01.2025, and the written test is scheduled on 20.01.2025. Additionally, he mentioned that the revision petition has been pending since 2017. 04. 05. In response, the learned counsel for the petitioner submitted that if the filled and the petitioner succeeds in the revision, the petitioner's 06. vacancy is interest would be prejudiced due to the creation of right in favor of a third party. Considering these submissions, this Court of the considered view that the interest of both the parties can be balanced by passing appropriate order. 07. In the result, the Writ petition is disposed of directing the revisional respondent to dispose of the revision petition of the 08. nd authority, i.e., the 2 petitioner within two (02) weeks from the date of receipt of the copy of the W.P.No.429 of 2025 dated 08.01.2025, 4 the authority shall not conduct the written test or -I applications. In the event the revision disposed of, the authority is at liberty to proceed in order. In the meanwhile interview, although they may receive petition has already been , accordance with the notification. There shall be no order as to costs. Pending miscellaneous applications, if any shall stand closed. Sd/- B PRASADA RAO assistant registrar SECflWOFFICER / //TRUE COPY// To, Supplies Department, State of Velagapudi, Amaravathi, Guntur Principal Secretary, Food and Civil Pradesh, Secretariat Buildings, 1. The Andhra District, A.P. S.P.S.R Nellore District Magistrate, Prakasam, now 2. The Collector and District, Nellore 3. The Joint Collector 4, The Sub Collector. Kandukuru, Prakasam, now 5. The Tahslldar, Volefivarlpalem Mandal Prakasam, now c; p S R Nellore District, Nellore. Prakasam, now b.P.o.t^ imcuu S.P.S.R Nellore District. S.P.S.R Nellore District. Mittireddi Advocate [OPUC] , High Court Of Andhra Pradesh. Sri. Gnaneswara Rao 6. One CC to GP for Civil Supplies 7. Two CCS to [OUT] 8. Three CD Copies GSC i HIGH COURT DATED:08/01/2025 ORDER WP.No.429 of 2025 2 2 JAN 20?*) I Current SectW DISPOSING OF THE WP WITHOUT COSTS