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2025 DAILYLAW 32780 (AP)

Pamidi Sheik Peeram Saheb, v. State of Andhra Pradesh

WP/24826/2025 · 2025-09-15

V Sujatha

body2025

Judgment text

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APHC010486602025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24826/2025 Between: 1. PAMIDI SHEIK PEERAM SAHEB,, S/O. LATE VANNE SAHEB, AGED ABOUT 85 YRS, R/O. D. NO. 1/44/1, MAIN ROAD, GANDLAPENTA VILLAGE AND MANDAL, SRI SATYA SAI DISTRICT. 1. STATE OF ANDHRA PRADESH, , SECRETARY, (CIVIL SUPPLIES DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, KADIRI, SRI SATYA SAI DISTRICT. 4. THE TAHSILDHAR, GANDALAPENTA MANDAL, SRI SATYA SAI DISTRICT. 5. THE CIVIL SUPPLIES DEPUTY TAHSILDAR, GANDALAPENTA MANDAL, SRI SATYA SAI DISTRICT 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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of mandamus declaring the action of the 3rd respondent no. 4 and 5 in not implementing the orders of the respondent vide. RC. No. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24826/2025 PAMIDI SHEIK PEERAM SAHEB,, S/O. LATE VANNE SAHEB, AGED ABOUT 85 YRS, R/O. D. NO. 1/44/1, MAIN ROAD, GANDLAPENTA VILLAGE AND MANDAL, SRI SATYA SAI DISTRICT. ...PETITIONER AND STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, (CIVIL SUPPLIES DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT. THE REVENUE DIVISIONAL OFFICER, KADIRI, SRI SATYA SAI AR, GANDALAPENTA MANDAL, SRI SATYA SAI THE CIVIL SUPPLIES DEPUTY TAHSILDAR, GANDALAPENTA MANDAL, SRI SATYA SAI DISTRICT ...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 tomay be pleased to issue a writ, order or direction more particularly ndamus declaring the action of the 3rd respondent no. 4 and 5 in not implementing the orders of the respondent vide. RC. No. IN THE HIGH COURT OF ANDHRA PRADESH [3333] SIXTEENTH DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA PAMIDI SHEIK PEERAM SAHEB,, S/O. LATE VANNE SAHEB, AGED ABOUT 85 YRS, R/O. D. NO. 1/44/1, MAIN ROAD, GANDLAPENTA ...PETITIONER REP. BY ITS PRINCIPAL SECRETARY, (CIVIL SUPPLIES DEPARTMENT), SECRETARIAT THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT. THE REVENUE DIVISIONAL OFFICER, KADIRI, SRI SATYA SAI AR, GANDALAPENTA MANDAL, SRI SATYA SAI THE CIVIL SUPPLIES DEPUTY TAHSILDAR, GANDALAPENTA ...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 tomay be pleased to issue a writ, order or direction more particularly ndamus declaring the action of the 3rd respondent no. 4 and 5 in not implementing the orders of the respondent vide. RC. No. 2 VS,J W.P.No.24826 of 2025 291/F/2025 dt. 07-2025 in respect of the petitioner the fair price shop of the petitioner vide shop no. 1243007 situated at Gandlapenta Village and Mandal, Sri Satya Sai District is as illegal and arbitrary action of the 4 and 5 in not supplying the essential commodities to the petitioner is clear violation of Art. 14 and 21 of Constitution of India and also contrary to the provisions of APSTPDS (Control) Order, 2018 and consequently direct the respondent no. 4 and 5 to comply direction of the 3rd respondent in respect of the above said shop and pass such IA 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 may be pleased to direct the respondent no. 4 and 5 to supply the essential commodities to the petitioner in respect of fair price shop vide shop no. 16 situated at Gandlapenta Village and Mandal, Sri Satya Sai District forthwith. pending disposal of the writ petition, and pass such Counsel for the Petitioner: 1. P NARASIMHULU Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 VS,J W.P.No.24826 of 2025 The Court made the following Order: The present Writ Petition was filed under Article 226 of the Constitution of India seeking the following relief:- “… to issue a writ, order or direction more particularly one in the nature of mandamus declaring the action of the 3rd respondent no.4 and 5 in not implementing the orders of the respondent vide RC.No.291/F/2025 dt:072025 in respect of the petitioner the fair price shop of the petitioner vide shop no.1243007 situated at Gandlapenta Village and Mandal, Sri Satya Sai District is as illegal and arbitrary action of the 4 and 5 in not supplying the essential commodities to the petitioner is clear violation of Art 14 and 21 of Constitution of India and also contrary to the provisions of APSTPDS (Control) Order, 2018 and consequently direct the respondent no.4 and 5 to comply direction of the 3rd respondent in respect of the above said shop and to pass such other order or orders ….” 2. The petitioner was appointed a permanent fair price shop dealer for shop No.1243007 of Gandalapenta Village & Mandal, Sri Satya Sai District, vide proceedings in RC.No.419/86/B dated 12.09.1986. Since the date of his appointment the petitioner has been distributing the essential commodities without there being any complaints whatsoever. 3. While the matter stood thus, the 5th respondent submitted a report dated 06.05.2025 to the 3rd respondent for initiating disciplinary action as against the petitioner on the ground that there was variation of stock for the month of May, 2025. Pursuant to the said report, the 3rd respondent issued a show cause notice dated 27.05.2025 to the petitioner, calling for explanation from the petitioner within seven (7) days. Pursuant to which, the petitioner has submitted a detailed explanation on 02.06.2025, denying the allegations of the 3rd respondent. Thereafter, the 3rd respondent, after conducting detailed 4 VS,J W.P.No.24826 of 2025 enquiry, passed orders, directing the 4th respondent herein to re-appoint the petitioner as permanent fair price shop dealer on humanitarian grounds vide RC.No.291/F/2025 dated 11.07.2025. 4. The grievance of the petitioner is that, in spite of there being a specific direction by the 3rd respondent to the 4th respondent herein i.e., the Tahsildar to re-appoint the petitioner, till date no action has been initiated by the 4th respondent. 5. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies representing the respondents. 6. Learned Assistant Government Pleader for Civil Supplies has furnished a copy of the instructions of the 4th respondent herein, wherein, the 4th respondent has admitted the facts, as stated by the petitioner and as well as the proceedings of the 3rd respondent vide RC.No.291/F/2025 dated 11.07.2025, wherein, he was directed to re-appoint the petitioner as a permanent fair price shop dealer. But, however, has stated that there is some delay in implementing the said orders of the 3rd respondent, as the petitioner did not approach his office for resumption of operations. 7. In view of the above said facts, as there was already a direction from the 3rd respondent to the 4th respondent vide R.C.No.291/F/2025 dated 11.07.2025 to re-appoint the petitioner as a permanent fair price shop dealer, instead of going into merits, this Court deems it appropriate to dispose of the writ petition, directing the 4th respondent to implement the orders passed by 5 VS,J W.P.No.24826 of 2025 the 3rd respondent vide R.C.No.291/F/2025 dated 11.07.2025, as expeditiously as possible, preferably, within a period of two (2) weeks from the date of receipt of a copy of this order. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed __________________ JUSTICE V.SUJATHA Dated: 16.09.2025 MDP