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2025 DAILYLAW 3228 (AP)

Korada Lakshmibhai v. The State of Andhra Pradesh

WP/1023/2025 · 2025-01-10

B S Bhanumathi

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 1023 OF 2025 Between: Korada Lakshmibhai, W/o Nagaraju, Aged - Major, Occ- F.P. Shop No.0121761 Polanki Mandal, Dandulakshmipuram Village , Srikakulam District ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary (Civil Supplies dept) Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Srikakulam 3. The Collector (Civil Supplies), Visakhapatnam. 4. The Revenue Divisional Officer, Srikakulam. 5. The District Civil Supply Officer, Collectorate Office, Srikakulam. 6. The Mandal Revenue Officer (Tahsildar), Polaki Mandal, Srikakulam District ...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 a Writ or Order or Direction more particularly one in the Nature of a Writ of Mandamus declaring the action of the Respondents 2 to 5 trying to bifurcate the Petitioner's Fair Price Shop No.0121761 of Dandu Laxmi Puram, Polaki Mandal, Srikakulam District unlawfully, in violation of procedure as contemplated under the law Violation of this Hon'ble Court Order passed in W.P. No.22027/2024 dt.01- 10-2024 , Violation of A.P., State Public Distribution System Control Order, Violation of principles of Natural Justice , Violation of Article 14,19 of the Constitution of India Consequently to direct the Respondents 2 to 5 to Continue the Petitioners Fair Price Shop No.0121761 of Dandu Laxmi Puram, Polaki Mandal, Srikakulam District without bifurcation , except by Strictly follow the order of this Hon’ble Court in W.P. No.22027/2024 dt.01- 10-2024 lA NO: 1 OF 2025 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 2 to 5 not to Bifurcation of the Petitioner's Fair Price Shop No.0121761 of Dandu Laxmi Puram, Polaki Mandal, Srikakulani District pending disposal of the main Writ Petition Counsel for the Petitioner: SRI R SIVA SAI SWARUP Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: Order 1 BSB, J W.P.No.1023 of 2025 APHC010014122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] FRIDAY JHE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 1023/2025 Between: Korada Lakshmibhai ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.R Siva Sai Swarup 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 a Writ or Order or Direction more particularly one in the Nature of a Writ of Mandamus declaring the action of the Respondents No.2 to 5 trying to bifurcate the Petitioners Fair Price Shop No.0121761 of Dandu Laxmi Puram, Polaki Mandal, Srikakulam District unlawfully, in violation of procedure as contemplated under the law Violation of this Honble Court Order passed in W.P.No.22027/2024, 2 BSB, J W.P.No.1023 of 2025 dt.01.10.2024 Violation of A.P.State Public Distribution System Control Order, Violation of principles of Natural Justice, Violation of Article 14,19 of the Constitution of India Consequently to direct the Respondents No.2 to 5 to Continue the Petitioners Fair Price Shop No.0121761 of Dandu Laxmi Puram, Polaki Mandal, Srikakulam District, without bifurcation except by Strictly follow the order of this Hon’ble Court in W.P.No.22027/2024 dt.01.10.2024... The learned counsel for the petitioner contended that in the impugned notice no details as to how may cards were sought to be removed from the shop of the petitioner after the proposed time was indicated. He further submitted that such vague notice is against the directions of the Division Bench of this Court in W.P.No.22027 of 2024 dated 01.10.2024. 2. In reply, learned Assistant Government Pleader for Civil Supplies placed on written instructions. District Civil Supply Officer, Srikakulam contended that the petitioner can submit the explanation since G.O.Ms.No.35, Consumer Affairs, Food & Civil Supplies (CS.l) Department, dated 03.12.2018 would be violative and therefore there is no ground to challenge the notice. He further submitted decision on the explanation been taken of the authorities. 3. The learned counsel for the petitioner submitted that the notice itself is illegal being violative the directions of the Division Bench. Therefore, it is liable to be set aside. 4. Perused the record as rightly contended by the petitioner, notice is utter violation of the decision of the Division Bench cited supra and as such, the same is liable to be set aside. 5. 3 BSB, J W.P.No.l023 of 2025 6. Accordingly, the writ petition is allowed. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. SD/- B CHITTI JOSEPH ASSISTANT I^GISTRAR ^SECTI^ OFFICER //TRUE COPY// To, 1 The Principal Secretary, State of Andhra Pradesh, (Civil Supplies dept). Secretariat, Velagapudi, Amaravathi, Guntur District 2. The District Collector, Srikakulam 3. The Collector (Civil Supplies), Visakhapatnam. 4. The Revenue Divisional Officer, Srikakulam. 5. The District Civil Supply Officer, Collectorate Office, Srikakulam. 6. The Mandal Revenue Officer (Tahsildar), Polaki Mandal, Srikakulam District 7. One CC to SRI R SIVA SAI SWARUP Advocate [OPUC] 8 Two CCs to GP FOR CIVIL SUPPLIES, High Court of Andhra Pradesh [OUT] 9. Three CD Copies f ■ -m HIGH COURT DATED:10/01/2025 ORDER 5 0 3 MAR 2025 ^ . Current Section o WP.No.1023 of 2025 ALLOWING THE WP WITHOUT COSTS