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High Court of Andhra Pradesh · body

2025 DAILYLAW 30403 (AP)

M. Anandam v. The State of Andhra Pradesh,

WP/20430/2018 · 2025-09-01

V Sujatha

body2025

Judgment text

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APHC010438682018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20430/2018 Between: 1. M. ANANDAM, S/O. CHINNANNA HINDU, AGED ABOUT 30 YEARS, MUGATHI F. P SHOP NO.29 DEALER (UNDER TERMINATION) R/O. MUGATHI VILLAGE, NANDAVARAM MANDAL KURNOOL DISTRICT, STATE OF ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, A.P. 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT. 3. THE JOINT COLLECTOR, KURNOOL DISTRICT, 4. THE REVENUE DIVISIONAL OFFICER ADONI DIVISION, KURNOOL DISTRICT, A.P. 5. THE MANDAL TAHSILDAR, NANDAVARAM MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH STATE. ...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 to issue a writ, order or orders more particularly one in the nature of a writ of mandamus declaring the action of the 4th respondent in passing the impugned order in RC.M.1611/2018 dated 31-05-2018 as illegal, arbitrary, 2 VS,J W.P.No.20430 of 2018 malafide, violation of principles of natural justice and contrary to Clause 5(5) of the A.P. Public Distribution System (Control) Order, 2008 and set aside the same and consequentially directed the respondents to restore the FP shop dealership held by the petitioner in respect of F.P. shop No. 29 of Mugathi village of Nandavaram Mandal in the interest of justice and pass IA NO: 1 OF 2018 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 suspend the impugned order in RC.M.1611/2018 dated 31- 05-2018 passed by the 4th respondent pending disposal of the writ petition in the interest of justice and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case, otherwise the Petitioner will be put to much hardship and irreparable loss. Counsel for the Petitioner: 1. A CHANDRAIH NAIDU Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP) The Court made the following: 3 VS,J W.P.No.20430 of 2018 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, order or orders more particularly one in the nature of a writ of mandamus declaring the action of the 4th respondent in passing the impugned order in RC.M.1611/2018 dated 31.05.2018 as illegal, arbitrary, malafide, violation of principles of natural justice and contrary to Clause 5(5) of the A.P. Public Distribution System (Control) Order, 2008 and set aside the same and consequentially directed the respondents to restore the FP shop dealership held by the petitioner in respect of F.P. shop No.29 of Mugathi village of Nandavaram Mandal in the interest of justice ….” 2. When the matter came up for admission on 19.06.2018, this Court passed the following interim order: “Pending disposal of the appeal filed on 05.06.2018, challenging the order dated 31.05.2018 of the 4th respondent, there shall be suspension of the order in RC.M.1611/2018 dated 31.05.2018 passed by the 4th respondent.” 3. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 4. Today, when the matter came up for hearing, the learned Assistant Government Pleader furnished a copy of the order passed by the 3rd respondent in Appeal Case No.CS.1/318/2022, dated 24.03.2025. The operative portion of the order reads as follows: 4 VS,J W.P.No.20430 of 2018 “…considering it as first mistake with a strict warning not to repeat in future, the authorization of Sri M.Anandam, Dealer, F.P. Shop No.1304029, Mugathi(v), Nandavaram is hereby restored duly imposing a penalty of Rs.50,000/- (Rupees fifty thousand only). The amount shall be remitted under Head of account 1456-Civil Supplies 800-other items and 81 other Receipts. Further, penalty amount should be remitted within one month from the date of receipt of this order. If he does not remit amount within one month as ordered, the orders passed by the Revenue Divisional Officer, Adoni cancelling the Authorization shall be deemed to have up held. The Tahsildar, Nandavaram is directed to collect the challan and submit to this office. Accordingly the appeal is disposed off.” 5. The learned Assistant Government Pleader for Civil Supplies has furnished, a copy of the instructions of the Tahsildar, Nandavaram Mandal, Kurnool District vide Rc.B.697/2022, dated 01.09.2025, wherein it is stated that, in pursuance of the order dated 24.03.2025 passed by the 3rd respondent/appellate authority, the petitioner has remitted an amount of Rs.50,000/- through CFMS Transaction ID No.90015233572025, dated 22.04.2025. Thereafter, the said Fair Price Shop was restored in favour of the petitioner. 6. Recording the same, this Court is of the opinion that no further cause survives in the present writ petition. 7. Accordingly, the Writ Petition is closed. There shall be no order as to costs. 5 VS,J W.P.No.20430 of 2018 As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date: 02.09.2025. KGR