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2025 DAILYLAW 3037 (AP)

CHEJERLA SRINIVASA RAO v. THE STATE OF AP

WP/949/2025 · 2025-01-27

B S Bhanumathi

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY. THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 949 OF 2025 Between: Chejerla Srinivasa Rao, S/o. Late Venkata Subbaiah, Age 58 years, FP Shop Dealer, Shop. No.0845021, Machavaram Village, Nagalluppalapadu Mandal, Prakasam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies, Secretariat at Velagapudi, Amaravathi, Guntur District 2. The Collector and District Magistrate, Prakasam District, Ongole 3. The Collector(CS), Prakasam District, Ongole 4. The Revenue Divisional Officer, Ongole, Prakasam District 5. The Tahsildar, Nagalluppalapadu Mandal, Prakasam District 6. The Addl. Food Inspector, Ongole, Prakasam District ...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, Order or Direction, more particularly one in the nature of Mandamus, to declaring the action of 4th respondent-R.D.O., Ongole, who suspended the authorization of the petitioner through his proceedings dated 30-11-2024 in Rc.No.l/3428/2024, is wholly illegal, arbitrary and opposed to the sprit of Judgments of this Hon’ble High Court and also mandatory provisions of Control Orders and also violate of principals of natural justice and without jurisdiction and set-aside the proceedings of 4 respondent-R.D.O., Ongole, dt.30-11-2024 in r Rc.No.1/3428/2024 and consequently to direct the respondents to continue the petitioner as FP Shop dealer. Shop No. 0845021 of Machavaram Village, Nagalluppalapadu Mandal, Prakasam District. 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 the proceeding of orders of learned R.D.O., Ongole (4 respondent), dated 30-11-2024 in Rc.No.l/3428/2024, pending disposal of the above Writ Petition. th Counsel for the Petitioner: SRI ALAPATI VIVEKANANDA Counsel for the Respondent Nos.1 to 6: GP FOR CIVIL SUPPLIES The Court made the following: ORDER w <1% APHC010010732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 949/2025 Between: ...PETITIONER Chejerla Srinivasa Rao AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: I.Alapati Vivekananda Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 2 BSBJ W.P.No.949 of 2025 HON’BLE Ms. JUSTICE B.S.BHANUMATHI Writ Petition No. 949 of 2025 ORDER: The Writ Petition is filed seeking the following prayer: “ to issue a Writ, Order or Direction, more particularly one in the nature of Mandamus to declaring the action of 4^*^ respondent-R.D.O., Ongole, who suspended the authorization of the petitioner through his proceedings, dated 30.11.2024 in Rc. No. I/3428/2024, is wholly illegal, arbitrary and opposed to the writ of Judgments of this Honble High Court and also mandatory provisions of Control Orders and also violate of principals of natural justice and without jurisdiction and set aside the proceedings of 4^*^ respondent R.D.O., Ongole, dated 30.11.2024 in Rc.No.1/3428/2024 and consequently to direct the respondents to continue the petitioner as FP Shop dealer. Shop No.0845021 of Machavaram Village, Nagalluppalapadu Mandal, Prakasam District and to pass such other order or orders ” 2. The case of the petitioner is briefly as follows: The petitioner was appointed as a Fair Price Shop dealer for Shop No. 0845021, Machavaram Village, Nagalluppalapadu Mandal, PrakasanfT District. For 19 years, the petitioner has been distributing essential commodities to cardholders without any interruptions. While things stood thus, the 4‘^ respondent submitted a report vide proceedings (a) w 3 BSBJ W.P.No.949 of 2025 Rc.No.1/3428/2014, dated 30.11.2024, alleging that on 02.11.2024, the Food Inspector and the Additional Food Inspector, inspected the petitioner’s shop in the presence of mediators and found discrepancies in the stock. Based on this report, the 4'^ respondent issued a show-cause notice vide proceedings Rc.No.l/3428/2024 dated 14.11.2024, proposing to cancel the petitioner’s fair price shop authorization. Upon receiving the show-cause notice, the petitioner submitted a detailed explanation. Flowever, without properly considering the explanation, the 4*'^ respondent issued the impugned proceedings. Flence, this writ petition. 3. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondent Nos. 1 to 6. The learned counsel for the petitioner submitted that the delay in conducting the enquiry is causing hardship to the petitioner, despite the stock being readily available in the custody of the respondent authorities. 4. The learned Assistant Government Pleader placed on record written instructions of the Revenue Divisional Officer, Ongole vide proceedings Rc.l/3428/2024, dated 08.01.2025. He submitted that since the variation of the stock is huge and the reasons provided for such variation are unsatisfactory, the impugned order need not be interfered with in the writ petition. 5. Perused the record. 6. m 4 BSB, J W.P.No.949 of 2025 On considering the submissions of both sides, the writ petition is 7. disposed of by directing the respondent to conclude the enquiry and month from the date of receipt of the copy of the pass orders within one order of this Court. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- N. NAGAWIMA assistantjREGIST^AR s^^Snofficer //TRUE COPY// To 1. The Principal Secretary, Civil Supplies, State of Andhra Pradesh, Secretariat at Velagapudi, Amaravathi, Guntur District 2. The Collector and District Magistrate, Prakasam District, Ongole 3. The Collector(CS), Prakasam District, Ongole 4. The Revenue Divisional Officer, Ongole, Prakasam District 5. The Tahsildar, Nagalluppalapadu Mandal, Prakasam District 6. The Addl. Food Inspector, Ongole, Prakasam District 7. One CC to Sri Alapati Vivekananda, Advocate [OPUC] 8. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. ssb HIGH COURT DATED:27/01/2025 ORDER WP.No.949 of 2025 X 2 ^ FFB 2075 n ^ . Currenk ^cuon ^y ^^4^FsPATCV^«^-■ DISPOSING OF THE W.P. WITHOUT COSTS