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2025 DAILYLAW 37289 (AP)

Diresanapu Subba Reddy, v. The State of Andhra Pradesh,

WP/30381/2018 · 2025-02-17

B S Bhanumathi

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 30381 OF 2018 Between: Diresanapu Subba Reddy, S/o Venkata Reddy, Aged about 48 years, Occ: Dealer of F.P. Shop No.6, R/o Birudulanarava Village, Markapuram Mandal, Prakasam District, Andhra Pradesh. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Ex-Officio Secretary to Government, Consumer Affairs Food and Civil Supplies Department Secretariat, Velagapudi, Amaravathi, Andhra Pradesh. The Joint Collector, Prakasam District, Ongole, Andhra Pradesh. The Revenue Divisional Officer, Markapuram, Prakasam District, Andhra Pradesh. The Tahsildar, Markapuram Mandal, Prakasam District, Andhra Pradesh. 1. 2. 3. 4. ...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 or order more particularly one in the nature writ of mandamus or an appropriate writ or order declaring the inaction of the 2^*^ respondent in passing the orders on the stay petition filed along with appeal which was filed challenging the proceedings No.Rc.C./834/2018, dated 04.08.2018, of the 3^^ respondent where under cancelled the authorization of the petitioner. Shop No.6 Markapuram Mandal, an Birudalanarava Village, Prakasam District, Andhra Pradesh, without «r- conducting an independent enquiry and without application of mind as illegal, arbitrary and contrary to the principles of natural justice and 6toseqgently set aside the order of the respondent. lA 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 proceedings No.Rc.C./834/2018, dated 04.08.2018 passed by the 3’’'^ respondent where under cancelled the authorization of the petitioner, Shop No.6, Birudalanarava Village, Markapuram Mandal, Prakasam District, by directing the respondents 3 and 4 to permit the petitioner to distribute the commodities to the cardholders, pending disposal of the writ petition. lA NO: 2 OF 2018 Between; 1. The State of Andhra Pradesh, Rep. by its Ex-Officio Secretary to Government, Consumer Affairs Food and Civil Supplies Department, Secretariat, Velagapudi, Amaravathi, Andhra Pradesh. 2. The Joint Collector, Prakasam District, Ongole, Andhra Pradesh. 3. The Revenue Divisional Officer, Markapuram, Prakasam District, Andhra Pradesh. 4. The Tahsildar, Markapuram Mandal, Prakasam District, Andhra Pradesh. ...PETITIONERS/RESPONDENTS AND Diresanapu Subba Reddy, S/o Venkata Reddy, Aged about 48 years, Occ: Dealer of F.P. Shop No.6, R/o Birudulanarava Village, Markapuram Mandal, Prakasam District, Andhra Pradesh. ...RESPONDENT/PETITIONER 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 vacate the interim orders dated 27.08.2018 made in I.A.No.1 of 2018 in W.P.No.303816/2018. Counsel for the Petitioner: SRI KOTI REDDY IDAMAKANTI Counsel for the Respondent Nos.1 to 4: GP FOR CIVIL SUPPLIES The Court made the following: ORDER APHC010631622018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDA , THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 30381/2018 Between: Diresanapu Subba Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.KOTI REDDY IDAMAKANTl Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES (AP) 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 more particularly one in the nature writ of mandamus or an appropriate writ or order declaring the inaction of the 2""^ respondent in passing the orders on the stay petition filed along with an appeal which was filed challenging the proceedings No Rc.C/834/2018 dated 04.08.2018 of the S'"*. 2 BSB, J C W.P.No.30381 of 2018 respondent where under cancelled the authorization of the petitioner Shop No.6 Birudalanarava village, Markapuram Mandal, Prakasam District, Andhra Pradesh without conducting an independent enquiry and without application of mind as illegal arbitrary and contrary to the principles of natural justice and consequently set aside the order of the 3rd respondent and pass such order or orders....” The learned counsel for the petitioner requested to dispose of the writ petition with a direction to the 2^^ respondent to dispose of the appeal within a stipulated period as the appeal is pending for long time and further requested to continue the interim order till disposal of the appeal before the 2^^ respondent. 02. The learned Assistant Government Pleader placed on record the written instructions dated 13.02.2025 of the Collector(CS), Prakasam District vide RC.No.CS2/6A/127/2018 informing that the interim order dated 27.08.2018 in I.A.No.01 of 2018 had been implemented and a counter affidavit had been filed to this writ petition. 03. I.A.No.01 of 2018 is filed to suspend the impugned proceedings No.Rc.C/834/2018, dated 04.08.2018 passed by respondent where under cancelled the authorization of the petitioner, shop No.6, Birudalanarava village, Marakapuram mandal, prakasam district and directing the respondents No.3 and 4 to permit the petitioner to distribute the commodities to the cardholders pending disposal of the writ petition No.30381 of 2018. On 27.08.2018, the following interim order was passed: 04. 3 BSB,J W.P.No.30381 of 2018 “Pending disposal of the appeal filed on 10.08.2018 by the petitioner before the 2'"'^ respondent challenging the order dated 04.08.2018 of respondent, there shall be stay of all further proceedings pursuant to the order dated 04.08.2018 of the 3 respondent”. rd Since it is an old case, the appeal before the Collector (CS) shall be disposed without any further delay, not later than two weeks from the date of receipt of the copy of this order. 05. Meanwhile the interim order dated 27.08.2018 in I.A.No.01 of 2018 shall continue till the disposal of the appeal before the Collector(CS). Accordingly, the writ petition is disposed of. 06. 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/- M. SRINIVAS ASSISTANT REGISTF^R //TRUE COPY// O. SECTION OFFICER To, 1. The Ex-Officio Secretary to Government, Consumer Affairs Food and Civil Supplies Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Andhra Pradesh. 2. The Joint Collector, Prakasam District, Ongole, Andhra Pradesh. 3. The Revenue Divisional Officer, Markapuram, Prakasam District, Andhra Pradesh. 4. The Tahsildar, Markapuram Mandal, Prakasam District, Andhra Pradesh. 5. One CC to Sri Koti Reddy Idamakanti, Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. HIGH COURT DATED:17/02/2025 ORDER WP.No.30381 of 2018 * 0 4 MAR 2r25 ^ ■ Current Sectnsn O* to, •i:/ DISPOSING OF THE W.P. WITHOUT COSTS