IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE I; PRESENT HON’BLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 19845 OF 2024 Between: K Mallesu, S/o Kondaiah, Aged about 26 years, Fair Price Shop Dealer No. 12, Madapur Village, Attoor Mandal, YSR Kadapa District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, YSR Kadapa District. The Joint Collector and Addl. District Magistrate, YSR Kadapa District. The Revenue Divisional Officer, Badvel, YSR Kadapa District. The Mandal Tahsildar, Attoor Mandal, YSR Kadapa District. The District Civil Supply Officer, YSR kadapa District. 3. 4. 5. 6. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ of mandamus or any other appropriate writ or declaration to declare the proceedings vide Ref.No.1(4)7463/2019, Dt. 28.06.2019 issued by the 3rd respondent is as illegal, arbitrary, violation of article 14, 21 and 300-A of the constitution of India, violation of principal of natural justice and violative of Essential Commodities Act, 1965 as well as A.P. State Public Distribution System (Control orders) and consequently set aside the same. lA NO: 1 OF 2024 Petition under Section 151 CPC is filed 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 herein to continue the petitioner as Fair Price Shop dealer in respect of the Shop No. 12, Madapur Village, Attoor Mandal, YSR Kadapa District by suspending proceeding vide Ref.No.l(4)/463/2019, Dt. 28.06.2019 issued by the 3rd respondent pending disposal of the writ petition. Counsel for the Petitioner: SRI P NARASIMHULU Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER 4 APHC010392832024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 19845/2024 Between: K Mallesu ...PETITIONER AND The State Of AP and Others ...RESPONDENT(S) Counsel for the Petitioner; 1.P NARASIMHULU Counsel for the Respondent{S): 1.GP FOR CIVIL SUPPLIES The Court made the following: ORDER This Writ Petition under Article 226 of Constitution of India is filed for the following relief: “ to issue writ of mandamus or any other appropriate writ or declaration to declare the proceedings vide Ref. No 14/463/2019 dated 28.06.2019 issued by the 3rd respondent is as illegal, arbitrary, violation of article 14, 21 and 300A of the Constitution of India violation of principal of natural justice and violative of 2 bsb,j W.P.No.19845 of202i^. Essential Commodities Act, 1965 Distribution System (Control orders) and consequently the same pass order....” 2. The case of the petitioner is as follows:- as well as A.P.State Public set aside The petitioner was appointed No.12, in Madapur village, Attoor mandal temporary basis. The petitioner did not as a dealer of fair price shop , Y.S.R Kadapa district on commit any irregularities. The 4 respondent initiated proceedings vide Ref.No.D/943/2015 16.12.2015 suspending the authorization by the same, petitioner filed W.P.No.96 , dated of the petitioner. Aggrieved of 2016 on 15.01.2017. The writ petition was disposed of directing the 2 the proceedings against the writ petitioner nd respondent to complete pursuant to the show cause notice dated 24.11.2015 in accordance with law on or before 16.03.2016. As per the directions of the High Court, the 2"^^ respondent concluded the enquiry and restored the dealership of the petitioner. Since then the petitioner has been supplying the commodities. Again, due to the political scenario, the 4"’ respondent issued proceedings on 28.06.2019 vide reference No.1(4)/463/2019 suspending the authorization of the petitioner pending finalization the proceedings under section of 6A of Essential Commodities Act 1955. As per the report of the 5'^ issued respondent, the 3^^ respondent notice to the a show cause petitioner vide framing three charges Ref.No.1(4)/463/2019, dated 28.06.2019 after against the petitioner. The petitioner submitted explanation dated 19.10.2019 denying the charges and requested to restore the authorization. However, the 3'"' respondent has not completed the enquiry till date. Hence, this writ petition is filed. c. 3 BSB,J W.P.No.19845 of2024 I 3. The learned Assistant Government Pleader placed on record the written instructions of Joint Collector, YSR Kadapa District vide Ref.No.l(4)/463/2019 dated 31.12.2024. Basing on the same, he submitted that the authorization of the petitioner had been cancelled by the Joint collector, Kadapa vide Ref.No.l(4)/463/2019, dated 28.06.2019 and its copy had been served on the sister-in-law of the petitioner by name Smt.K.Keshamma on 22.01.2024 and that Smt.K.Keshamma resides at the house of the petitioner. It is further represented that an appeal lies to the District & Sessions Court, Kadapa within 30 days from the date of the receipt of this order and therefore this writ petition does not lie. The learned counsel for the petitioner submitted that the signature of the sister-in-law of the petitioner does not contain the date on which it was served. Even as per the representation of the respondents, though the order was said to have been passed 18.01.2020, its copy had not been served on the petitioner or the member of the family till 22.01.2024. Therefore, it shows fragrant violation of the principles of natural justice and thereby debarring the petitioner from availing opportunity at an appropriate time. As such, the action of the respondent is amenable to the writ jurisdiction and merely because the relief of appeal is available, in the peculiar circumstances in the present case, the maintainability of the writ petition cannot be challenged on that ground. There is no reason stated as to why the copy of the order was not served on the petitioner. 5. Under these circumstances, the writ petition is disposed of giving liberty to the petitioner to prefer an appeal against the order of the 3^^^ respondent vide Ref.No.l(4)/463/2019, dated 28.06.2019 within 30 days from the date of receipt of the copy of this order. \ 4. on 4 bsb, W.P.No.19845 of202.^. * There shall be no orders as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. SOI- B CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Civil Supplies Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, YSR Kadapa District. 3. The Joint Collector and Addl. District Magistrate, YSR Kadapa District. 4. The Revenue Divisional Officer, Badvel, YSR Kadapa District. 5. The Mandal Tahsildar, Attoor Mandal, YSR Kadapa District. 6. The District Civil Supply Officer, YSR kadapa District. 7. One CC to Sri P Narasimhulu Advocate [OPUC] 8. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies TF HIGH COURT DATED:06/01/2025 ORDER WP.No.19845of 2024 DISPOSING OF THE W.P., WITHOUT COSTS