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2025 DAILYLAW 27625 (AP)

D RAVANAMMA v. THE STATE OF AP

WP/20171/2025 · 2025-08-03

V Sujatha

body2025

Judgment text

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APHC010392012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20171 OF 2025 Between: D. Ravanamma, W/o. Nagalingeswara Reddy, aged about 41 Shop Dealer vide Chop No. 1342019, Nehrunagar, S.Nagulavaram Village, Gospadu Mandail, Nandyal District, A.P. years, F.P. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary Supplies Department, Secretariat Buildings, Velagapudi Guntur District. 2. The Collector (Civil Supplies), Nandyal District, Nandyal A.P. 3. The Revenue Divisional Officer, Nandyal, Nandyal District, A.P. 4. The Tahsildar, Gospadu Mandal, Nandyal District, A.P. 5. The Deputy Tahsildar (CS), Nandyal Mandal, Nandyal District, A.P. ...RESPONDENTS , Civil Amaravathi. 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3 rd Respondent in suspending the authorization of the petitioner vide shop No.1342019 of Nehrunagar, S.Nagulavaram Village, Gospadu Mandal, Nandyal District in proceedings Rc.No.CS.608/2025, Dated 15.04.2025 is illegal, arbitrary 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 and principles of natural justice and consequently direct the respondents continue the petitioner to hold F.P.Shop Dealership of Nehrunagar, • ^^agulavaram Village, Gospadu Mandal, Nandyal District. lA NO: 1 OF 2025 to 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 to continue the petitioner as F.P. shop Dealer in Nehrunagar, S.Nagulavaram Village, Gospadu Mandal, Nandyal District by suspending the impugned proceedings in Rc.No.CS.608/2025, Datedi 5.04.2025 issued by the 3'"^ respondent pending disposal of Writ Petition. Counsel for the Petitioner: SRI D. KASIM SAHEB Counsel for the Respondent Nos.1 to 5: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010392012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS [3333] E MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20171/2025 Between: 1.D RAVANAMMA, W/0. NAGAJINGESWARA REDDY, AGED ABOUT 41 YEARS. F.P. SHOP DEAIER VIDE CHOP NO. 1342019, GOSPADU MANDAl . NANDYAL DISTRICT, A.P. NEHRUNAGAR, S.NAGUSAVARAMVILLAGE, ...PETITIONER AND 1.THE STATE OF AP, REP. BY THE PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPIIDI, AMARAVATHI, GUNTUR DISTRICT, 2.THE COLLECTOR CIVIL SUPLIES, NANDYAL DISTRICTNANDYAL A.P., 3.THE REVENUE DIVISIONAL OFFICER, NANDYAL, NANDYAL DISTRICT, A.P., NANDYAL DISTRICT, 4.THE TAHSILDAR, GOSPADUMANDAL A.P. 5.THE DEPUTY TAHSILDARCS, NANDYAL MANDAl, NANDYAL DISTRICT, A.P., ...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 2 VS,J W.P.No.20171 of 2025 may be pleased to direct the respondents to F.P. shop Dealer in Nehrunagar, continue the petitioner as S.Nagulavaram Village, Gospadu Mandal, Nandyal District by suspending the impugned [., Rc.No.CS.608/2025. Datedi5.04.2025 issued by the 3rd pending disposal of Writ Petition and to proceedings in respondent pass lA NO: 1 OF 202.*^ 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 to continue the petitioner as F.P. shop Dealer in Nehrunagar, S.Nagulavaram Village, Gospadu Mandal, Nandyal District by suspending the impugned proceedings in Rc.No.CS.608/2025, Datedi5.04.2025 issued by the 3rd respondent pending disposal of Writ Petition and to pass Counsel for the Petitioner: 1.D KASIM SAHEB Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.20171 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “....to issue a writ, order or direction more particulariy one in the nature of Writ of Mandamus declaring the action of the respondent in suspending the authorization of the petitioner vide shop No.1342019 of Nehrunagar, S.Naguiavaram Village, Gospadu Mandal, Nandyal District in proceedings Rc.No.CS.608/2025, dated 15.04.2025 is illegal, arbitrary 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 and principles of natural justice and consequently direct the respondents to continue the petitioner as F.P. shop Dealer in Nehrunagar, S.Naguiavaram Village, Gospadu Mandal, Nandyal District....” 2. The petitioner was appointed as Fair Price Shop dealer of Nehrunagar, S.Naguiavaram Village, Gospadu Mandal, Nandyal District, and her authorization is being renewed from time to time and the same is in force up to 31.03.2025. The grievance of the petitioner is that though the petitioner was discharging her duties to the utmost satisfaction of the authorities and without any complaint from anybody, after the general elections, due to the change in Government, the 4^^ respondent has insisted the petitioner to submit her resignation to the said Fair Price Shop dealership. As the petitioner has refused to resign, the O'"' respondent instructed the officials of the Civil Supplies Department to foist a false case against the petitioner herein. While the matter being so, the Deputy Tahsildar (CS), Nandyal Mandal, conducted a surprise visit to the petitioner’s shop along 3. 4 vs,j W.P.No.20171 of2025 with the Village Revenue Officer. Nehrunagar, S.Nagulavaram Village 18.03.2025 at 11.30 on a.m., and booked a false case against the petitioner in her shop. The 3'^'^ respondent on 28.03.2025 calling for a period of seven (7) days from the notice. Thereafter, the petitioner under suspension pending enquiry. Challenging which, the petition is filed. without conducting any proper inspection has also issued a show-cause notice an explanation from the petitioner within date of receipt of the said was placed present writ 4. Heard learned counsel for the petitioner Assistant Government Pleader for Civil Supplies. as well as learned 5. The learned Assistant Government stated that during the course of i have found 204 kgs of MDM ri when compared to the ground balance, petitioner has not maintained the Pleader for Civil Supplies has inspection on 18.03.2025, the officials rice and 1 kg of Ragi powder less in stock Further, it was verified that the working hours in the shop and has the Control Orders 2018. not maintained proper accounts, thereby violating As such, the 3^" \/ respondent issued a show-cause notice dated an explanation from the petitioner. 28.03.2025, calling for petitioner failed to submit she was placed under and requested this Court to dismiss the Since the -cause notice, suspension i//cye proceedings dated 15.04.2025 writ petition. any explanation to the said show 5 VS,J W.P.No.20171 of 2025 The impugned order dated 15.04.2025 would specifically state that 6. the suspension is pending enquiry only for a maximum period of 90 days. In such a case, this Court is of the opinion that the respondents are supposed to release the essential commodities to the petitioner’s fair price shop after completion of 90 days or else complete the enquiry within a period of 90 days. However, in the present case, the respondents neither completed the enquiry within the specified period of 90 days nor supplied the essential commodities to the petitioner’s fair price shop. In view of the same, this Court feels it appropriate to dispose of the 7. writ petition by directing the respondents to complete the enquiry as expeditiously as possible, preferably within a period of two (2) months from the date of receipt of a copy of this order. However, the respondents are directed to supply the essential commodities to the petitioner’s Fair Price Shop, as the period of 90 days specified in the suspension order dated 15.04.2025 has been completed. With the above directions, the Writ Petition is disposed of. There 8. shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// Officer S' To, 1. The Principal Secretary, Civil Supplies Department, State of Andhra Velagapudi, Amaravathi, Guntur Pradesh, Secretariat Buildings, District. / 2. The Collector (Civil Supplies), Nandyal District, Nandyal A.P. 3. The Revenue Divisional Officer, Nandyal, Nandyal District, A.P. 4. The Tahsildar, Gospadu Mandal, Nandyal District, A.P. 5. The Deputy Tahsildar (CS), Nandyal Mandal, Nandyal District, A.P. 6. One CC to Sri D. Kasim Saheb, Advocate [OPUC] 7. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 8. Two CD Copies ssb / high court dated;04/08/2025 ORDER WP No. 20171 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS