1 VS,J WP_10727_2015&batch APHC010201122015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10727/2015 Between: 1. N.VENUGOPALA RAO, S/O LATE APPANNA AGE:57 YEARS, OCC: FP SHOP DEALER (UNDER CANCELLATION) OF SHOP NO.35 ANAKAPALLI TOWN, ANAKAPALLI MANDAL, VISAKHAPATNAM DIST. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, (CIVIL SUPPLIES) SECRETARIAT, HYDERABAD. 2. THE DIST COLLECTOR CS VISAKHAPATNAM VISAKHAPATNAM DIST, - 3. THE JOINT COLLECTOR CS VISAKHAPATNAM VISAKHAPATNAM DIST, - 4. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM, VISAKHAPATNAM DIST. 5. THE TAHSILDAR ANAKAPALLI MANDAL VISAKHAPTNAM DIST, - ...RESPONDENT(S): 2 VS,J WP_10727_2015&batch 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 to issue a writ or direction preferably writ of mandamus declaring the order issued by the 4th respondent dated 07-08-2013 cancelling the petitioner's FP Shop authorization in respect of Shop No. 35 Anakapalli Town and Mandal of Visakhapatnam, which was confirmed by the 3rd respondent in order dated 05-08-2014 and 2ncl respondent (Revision) dated 07-03- 2015 as illegal, arbitrary, discriminatory and violative of principles of natural justice and consequently set aside all the above orders and permit the petitioner to run above FP Shop as usual, and pass. IA NO: 1 OF 2015(WPMP 14187 OF 2015 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 operation of the order passed by the 4th respondent dated 07-08- 2013 which was confirmed by the 3rd and 2nd respondents dated 05-08-2014 and 07-03-2015 by issuing essential commodities to the petitioner's FP Shop No. 35, Anakapalli Town and Mandal of Visakhaptnam Dist., pending disposal of the writ petition. IA NO: 2 OF 2015(WPMP 14188 OF 2015 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 Direct the respondents not to make any permanent appointment in respect of FP Shop No. 35, Anakapalli Town and Mandal of Visakhaptnam Dist., pending disposal of the writ petition. IA NO: 1 OF 2022 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 pleased to vacate the interim orders dt: 16-04- 2015 passed in WPMP.No.14187/2015 in WP.No.10727/2015 and dismiss the writ petition and pass Counsel for the Petitioner: 3 VS,J WP_10727_2015&batch 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP) WRIT PETITION NO: 10735/2015 Between: 1. SMT.K.P.JYOTHI, W/O SURIBABU AGE:37 YEARS, OCC: FP SHOP DEALER (UNDER CANCELLATION) OF SHOP NO.13 ANAKAPALLI TOWN, ANAKAPALLI MANDAL, VISAKHAPATNAM DIST. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, (CIVIL SUPPLIES) SECRETARIAT, HYDERABAD. 2. THE DISTRICT COLLECTOR CS, VISAKHAPATNAM VISAKHAPATNAM DIST. 3. THE JOINT COLLECTOR CS, VISAKHAPATNAM VISAKHAPATNAM DIST 4. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM, VISAKHAPATNAM DIST. 5. THE TAHSILDAR, ANAKAPALLI MANDAL, VISAKHAPTNAM DIST. ...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 toto issue a writ or direction preferably writ of mandamus declaring the order issued by the 4th respondent dt:7-8-2013 cancelling the petitioner's FP Shop authorization in respect of Shop NO.13 Anakapalli Town and Mandal of Visakhapatnam, which was confirmed by the 3rd respondent in order dt:5-8- 2014 and 2nd respondent (Revision) dt:7-3- 2015 as illegal, arbitrary, discriminatory and violative of principles of natural justice and consequently 4 VS,J WP_10727_2015&batch set aside all the above orders and permit the petitioner to run above FP Shop as usual IA NO: 1 OF 2015(WPMP 14200 OF 2015 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 suspend the operation of the order passed by the 4th respondent dt:7-8-2013 which was confirmed by the 3rd and 2nd respondents dt:5-8-2014 and 7-3- 2015 by issuing essential commodities to the petitioner's FP Shop No.13, Anakapalli Town and Mandal of Visakhaptnam Dist., pending disposal of the writ petition. IA NO: 2 OF 2015(WPMP 14201 OF 2015 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 Direct the respondents not to make any permanent appointment in respect of FP Shop No.13, Anakapalli Town and Mandal of Visakhapatnam Dist., pending disposal of the writ petition IA NO: 1 OF 2022 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 pleased to vacate the interim orders dt: 16-04-2015 passed in WPMP.No.14200/2015 in WP.No.10735/2015 and dismiss the writ petition and pass Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP) WRIT PETITION NO: 10733/2015 Between: 5 VS,J WP_10727_2015&batch 1. G.SAMBAMURTHY, S/O LATE MUSALI AGE:58 YEARS, OCC: FP SHOP DEALER (UNDER CANCELLATION) OF SHOP NO.45 ANAKAPALLI TOWN, ANAKAPALLI MANDAL, VISAKHAPATNAM DIST. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, (CIVIL SUPPLIES) SECRETARIAT, HYDERABAD. 2. THE DISTRICT COLLECTOR CS, VISAKHAPATNAM VISAKHAPATNAM DIST. 3. THE JOINT COLLECTOR CS, VISAKHAPATNAM VISAKHAPATNAM DIST. 4. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM, VISAKHAPATNAM DIST. 5. THE TAHSILDAR, ANAKAPALLI MANDAL, VISAKHAPTNAM DIST. ...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 toto issue a writ or direction preferably writ of mandamus declaring the order issued by the 4th respondent dt:7-8-2013 cancelling the petitioner's FP Shop authorization in respect of Shop NO.45 Anakapalli Town and Mandal of Visakhapatnam, which was confirmed by the 3rd respondent in order dt:5-8- 2014 and 2nd respondent (Revision) dt:7-3-2015 as illegal, arbitrary, discriminatory and violative of principles of natural justice and consequently set aside all the above orders and permit the petitioner to run above FP Shop as usual IA NO: 1 OF 2015(WPMP 14196 OF 2015 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 suspend the operation of the order passed by the 4th respondent dt:7- 8-2013 6 VS,J WP_10727_2015&batch which was confirmed by the 3rd and 2nd respondents dt:5-8- 2014 and 7-3- 2015 by issuing essential commodities to the petitioner's FP Shop No.45, Anakapalli Town and Mandal of Visakhaptnam Dist., pending disposal of the writ petition. IA NO: 2 OF 2015(WPMP 14197 OF 2015 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 Direct the respondents not to make any permanent appointment in respect of FP Shop No.45, Anakapalli Town and Mandal of Visakhaptnam Dist., pending disposal of the writ petition IA NO: 1 OF 2022 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 pleased to vacate the interim orders dt: 16-04- 2015 passed in WPMP.No.14196/2015 in WP.No.10733/2015 and dismiss the writ petition and pass Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP) The Court made the following: 7 VS,J WP_10727_2015&batch COMMON ORDER:- All these petitions are filed claiming same relief by different petitioners, but the issue involved in these petitions is one and the same. Therefore, I am of the view that it is appropriate to decide all the petitions by common order taking Writ Petition No.10727 of 2015 as leading petition. 2. W.P.No.10727 of 2015 came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a writ or direction preferably writ of mandamus declaring the order issued by the 4th respondent dated 07-08-2013 cancelling the petitioner's FP Shop authorization in respect of Shop No. 35 Anakapalli Town and Mandal of Visakhapatnam, which was confirmed by the 3rd respondent in order dated 05-08-2014 and 2ncl respondent (Revision) dated 07-03- 2015 as illegal, arbitrary, discriminatory and violative of principles of natural justice and consequently set aside all the above orders and permit the petitioner to run above FP Shop as usual, and pass....” 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 4. When the writ petition came up for admission on 16.04.2015, this Court has passed the following order: “There shall be interim suspension of the operation of the order dated 07-08- 2013 passed by the 4th respondent until further orders.” The aforesaid interim order was extended from time to time. 5. During the course of hearing, it was brought to the notice of this Court by learned counsel for the petitioner that when similar proceedings were issued by the respondent authorities cancelling the fair price shop authorization, 8 VS,J WP_10727_2015&batch W.P.No.10726 of 2015 was filed before this Court wherein, this Court vide orders dated 26.10.2024 set aside the impugned proceedings therein and directed the authorities to collect fine and to continue dealership of the petitioner therein as usual. As such, he requested to pass a similar order in the present writ petition as well. 6. Learned Assistant Government Pleader on the other hand has submitted that the respondent authorities would collect fine from the petitioner and would continue the dealership of the petitioner. 7. This Court, in W.P.No.10726 of 2015 which was filed challenging the similar proceedings as in the present case, observed as under: “8. As rightly contended by the learned counsel for the petitioner, when a person other than those who are permitted under the above cited GOs was favourably considered by the authorities by exercising discretion and restoring the fair price shop on imposing penalty of Rs.1,000/-, it is unfair in refusing to apply the same kind of approach in relation to other dealers whose shops were also inspected at the same time. This has not been answered by the authority cancelling the dealership or in appeal or in revision. Therefore, by non-application of equal approach amongst the dealers who were found under the similar situation at the same time, taking severe step of suspending or cancelling the dealership of some of them is certainly violating the principles of natural justice and the impugned proceedings are liable to be interfered.” 8. In view of the fact that an interim order was passed by this Court on 16.04.2015 suspending the operation of the impugned proceedings dated 07.08.2013 and in view of the discussion made by this Court in the aforesaid writ petition, this Court feels it appropriate to dispose of W.P.No.10727 of 2015 in similar lines. 9 VS,J WP_10727_2015&batch 9. In view of the above detailed order, W.P.Nos.10735 and 10733 of 2015 are also liable to be disposed of. 10. Accordingly, W.P.Nos.10727, 10735 and 10733 of 2015 are disposed of and the order dated 07.08.2013 passed by the 4th respondent is set aside with a direction to the appointing authority to collect fine and continue the dealership of the petitioners as usual. It is needless to state that this order does not preclude other disciplinary action in respect of any other cause(s). There shall be no order as to costs. Consequently, miscellaneous applications pending, if any, shall stand closed. ___________________ JUSTICE V. SUJATHA Date:18.08.2025. Gss