\ 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: 31369 OF 2024 Between: Vunnam Venkateswarlu, S/o. Raamaiah, Aged about 70 years, R/o D No 2- 146, Obulesunipalli Village, Durgi Mandal, Palanadu District (Guntur). ...PETITIONER AND 1. The State of AP, Rep. by its Principal Secretary, Consumer Affairs and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Revenue Divisional Officer, Gurazala, Palanadu District (Guntur). 3. The Tahsildar, Durgi Mandal, Palanadu District (Guntur) ...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 of Mandamus or any other appropriate Writ Order or direction declaring the action of the 2"^ respondent not restoring the petitioner Fair price shop No. 0719022 of Obulesunipalli Village, Durgi Mandal, Palanadu District (Guntur) is illegal, arbitrary and violation of principles of natural justice. Consequently, direct the 2nd respondent to forthwith to restore the authorization of the petitioner Fair price shop No. 0719022 of Obulesunipalli Village, Durgi Mandal, Palanadu District (Guntur). r lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 2"^^ respondent to forthwith to restore the authorization of the petitioner Fair price shop No. 0719022 of Obulesunipalli Village, Durgi Mandal, Palanadu District (Guntur) pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI K. SRINIVAS Counsel for the Respondent Nos.1 to 3 : GP FOR CIVIL SUPPLIES The Court made the following: ORDER IP " fi APHC010601492024 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: 31369/2024 Between: ...PETITIONER Vunnam Venkateswarlu AND ...RESPONDENT(S) The State Of AP and Others Counsel for the Petitioner: 1.KSRINIVAS 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: “ issue a writ of mandamus or any other appropriate writ order or direction declaring the action of the 2^^^ respondent not restoring the petitioner fair price shop No.0719022 of Obulesunipalli Village Durgi Mandal, Palanadu District (Guntur) is illegal, arbitrary and violation of principles of natural justice. f 2 SSB,. W.P.No.31369 of2024 Consequently direct the 2"'^ respondent to forthwith to restore the authorization of the petitioner fair price shop No.0719022 of Obulesunipalli Village, Durgi Mandal Palanadu District (Guntur) and pass such other order....” The case of the petitioner is as follows:- The petitioner was appointed as a dealer of fair price shop No.0719022 of Obulesunipalli village, Durgi mandal, Palanadu District (Guntur) and the authorization was renewed upto 25.03.2022. Due to change of political scenario and ill-health of the petitioner, the petitioner made an application for grant of leave for two months from 05.07.2019 to 15.09.2019 and the leave was not granted to the petitioner, but due to various reasons some Dwakra Group person was appointed in the place of the petitioner. Though the petitioner made representations, the 2"^^ respondent did not choose to act upon the representation of the petitioner. The 3^^ respondent send a letter in Rc.No.1015/2024-A dated 30.09.2024 with regard to restoration of the fair price shop of the petitioner. Basing on the said proceedings the 2^^ respondent issued a memo in Rc.No.882 of 2024-A dated 15.10.2024 directing the petitioner to appear before the office of the 2"^^ respondent. The petitioner appeared before the office of the 2 respondent, but the 2"^ respondent did not take any steps to restore the petitioner’s authorization for the reasons best known to the 2 respondent. After payment of challan by the petitioner, the 2"'^ and the 3^'^ respondent did not choose to renew the authorization of the petitioner. With regard to the leave letter a statement was recorded by VRO, Obulesunipalli village, Durgi Mandal, Palnadu District that the petitioner is physically fit for restoration of authorization. 2. nd nd The learned counsel for the petitioner submitted that there is no response from the concerned authority as to whether the leave letter 3. 3 BSB,J W.P.No.31369 of2024 0 letter of the petitioner had been accepted or not and that even after approaching the Revenue Divisional Officer concerned on receipt of notice dated 15.10.2024 and submitting all the necessary documents. 4. The learned Assistant Government Pleader placed on record the written instructions of the Revenue Divisional Officer, Gurazala, vide Rc.No.133/2025/l, dated 25.01.2025 as follows: “ It is submitted that Sri Unnam Venkateswarlu, s/o Ramaiah was the former fair price shop dealer for fair price shop No.0719022, with valid tenure until 25.03.2022. The petitioner had applied for leave from 05.07.2019 to 15.09.2019 due to ill-health. To mitigate any inconvenience to the public, the Tahsildar of Durgi implemented temporary alternative arrangements for the distribution of essential commodities starting in October 2019, ensuring uninterrupted service to the public during this period. After a considerable gap of over five years, on 30.09.2024, the petitioner approached the RDO, Gurazala, who is the appointing authority for fair price shops, requesting the restoration of FPS No.0719022 and resumption of supply of essential commodities. In response, the Revenue Divisional Officer, Gurazala issued a notice to the petitioner on 15.10.2024 (Rc.No.882/2024-A) directing him to appear before the RDO, Gurazala on 18.10.2024 at 11.00 a.m and explain why he had absented from his duties for over five years. The petitioner duly attended the enquiry, and his explanation is currently under f 4 BSB,^ W.P.No.31369 of2024 scrutiny and processing by the concerned authorities. In the light of the above, we respectfully request that the Honourable High Court dismiss the petitioner’s representation at the admission stage. The procedure followed by the respondents is in accordance with the relevant laws and regulations, and the decision should be made in the time with the applicable rules.” Perused the record. 5. Since the issue of leave of the petitioner is still under consideration before the Revenue Divisional Officer and hearing also took place, but no order has been passed so far, the writ petition is disposed of directing the Revenue Divisional Officer, Gurazala to verify and pass orders without any further delay. 6. There shall be no orders as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. Sd/- G. SRINIVAS REDDY DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, Consumer Affairs and Civil Supplies Department, State of AP, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Revenue Divisional Officer, Gurazala, Palanadu District (Guntur). 3. The Tahsildar, Durgi Mandal, Palanadu District (Guntur) 4. One CC to Sri K. Srinivas, Advocate [OPUC] 5. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 6. Three C.D. Copies. Cnr HIGH COURT DATED:27/01/2025 ORDER ANOA^ WP.No.31369 of 2024 19 m 2025 *2:^ . Current Section DISPOSING OF THE W.P. WITHOUT COSTS