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2025 DAILYLAW 3777 (AP)

Shaik Shajiya Begum v. The State of Andhra Pradesh

WP/1174/2025 · 2025-01-10

B S Bhanumathi

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

K IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 1174 OF 2025 Between: Shaik Shajiya Begum, W/o.S.Sameer, Aged about 25 years, Occ: Treasurer, Joja Mahila Podupu Sangam, also Temporaiy Fair Price Shop Dealer of Shop No. 1282018, Adapala Street, Kadiri Town, Sri Satya Sai District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Civil Supplies Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Joint Collector, Sri Satya’Sai District, Puttaparthi. 3. The Revenue Divisional Officer, Kadiri Revenue Division, Kadiri, Sri Satya Sai District 4. The Tahasildar, Kadiri Urban Mandal, Kadiri. 5. The Deputy Tahsildhar, (Civil Supplies), Kadiri, Sri Satya Sai District. 6. The Circle Inspector, Vigilance (CS), Sri Satya Sai District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to pass an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the action on part of the respondents No.4 to 6 in locking (seizing) the fair price shop No. 1282018 at Adapala Street, Kadiri Town and also seizing E-Pos Machine allotted to the petitioner 07.01.2025 through the Panchanama, dated 07.01.2025 and may on not permitting the petitioner to supply the essential commodities for public distribution without any reason whatsoever since 07.01.2025 as arbitrary, illegal, colourable exercise of power apart fi-om being violative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to unlock the Fair Price Shop No. 1282018 at Adapala Street, Kadiri Town and also release the E- Pos Machine allotted to the petitioner and also to permit the petitioner to supply the essential commodities for public distribution, without following due process of law. lA 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 to direct the respondents to permit the petitioner to supply the essential commodities for public distribution at fair price shop No. 1282018 at Adapala Street, Kadiri Town and not to interfere in the same without following due process of law. Counsel for the Petitioner: SRI B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent Nos.1,5 & 6: GP FOR CIVIL SUPPLIES Counsel for the Respondent Nos.2,3 & 4: GP FOR REVENUE The Court made the following: ORDER APHC010022222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY-FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 1174/2025 [3311] 0 Between: Shaik Shajiya Begum ...PETITIONER AND The State of Andhra Pradesh and Others Counsel for the Petitioner: 1.B. ABHAY SIDDHANTH MOOTHA Counsel for the Respondent{S): 1.GP FOR REVENUE 2.GP FOR CIVIL SUPPLIES The Court made the following: ORDER: ...RESPONDENT(S) This Writ Petition under Article 226 of Constitution of India is filed for the following relief: “...to pass an appropriate Writ more particularly the nature of Writ of Mandamus declaring the action on part of the respondents No.4 to 6 in locking (seizing) the fair price shop No. 1282018 at Adapala Street, Kadiri Town seizing E-Pos Machine allotted to the petitioner on 07.01.2025 through the Panchanama, dated 07.01.2025 one in and also and not permitting the petitioner to supply the essential commodities for public distribution without any reason whatsoever since 07.01.2025 as arbitrary, illegal, colourable exercise of power apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to unlock the Fair Price Shop No. 1282018 at Adapala Street, Kadiri Town and also release the E-Pos Machine allotted to the petitioner and also to permit the petitioner to supply the essential commodities for public distribution without following due process of law...” 2. The case of the petitioner is briefly as follows: The petitioner is a fair price shop dealer shop No. 12882018 of Adapala Street, Kadiri Town having been appointed vide proceedings R.C.No.C/29/2023, dated 03.08.2023 on temporary basis. Since then, she has been regularly supplying commodities without any complaint, however recently, the respondent authorities are threatening to stop supply of the essential commodities without either suspending or cancelling the authorization of the petitioner. 3. The learned Assistant Government Pleader for Civil Supplies instructions of Tahsildar, Kadiri Mandal, submitted that there is no truth in the allegations and that the petitioner is continuing as a dealer and the commodities have been regularly supplied. 4. In view of the same, the writ petition is disposed of directing the respondent authorities to continue the supply of the commodities to the petitioner so long as the legal formalities are compiled and the authorization is in force. There shall be no orders as to costs. on written As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition shall stand closed. deputy registrar SECTON officer //TRUE COPY// To, 1. The Principal Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The Joint Collector, Sri Satya Sai District, Puttaparthi. 3. The Revenue Divisional Officer, Kadiri Revenue Division, Kadiri, Sri Satya Sai District -f 4. The Tahasildar, Kadiri Urban Mandal, Kadiri. 5. The Deputy Tahsildhar, (Civil Supplies), Kadiri, Sri Satya Sai District. 6. The Circle Inspector, Vigilance (CS), Sri Satya Sai District. 7. One CC to Sri B.Abhay Siddhanth Mootha, Advocate [OPUC] 8. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 9. Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT] 10. Three CD Copies. xs ssb HIGH COURT DATED:10/01/2025 SjSgfANDH^ * 2 8 IAN 2025 O 4; ^ Curreni aecvion ORDER m o» WP.No.1174 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS