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2025 DAILYLAW 39102 (AP)

D RAMA KRISHNAIAH v. The State of Andhra Pradesh

WP/39278/2018 · 2025-09-02

V Sujatha

body2025

Judgment text

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APHC010811862018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 39278/2018 Between: 1. D RAMA KRISHNAIAH, S/O.SRI D.CHINNAPULLANNA HINDU, AGED 44 YEARS OCC-F.P. SHOP DEALER OF SHOP NO.52, KOTAKANDUKUR VILLAGE, ALLAGADDA MANDAL KURNOOL DISTRICT, AP ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY CIVIL SUPPLIES DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT, AP 2. THE COMMISSIONER, CIVIL SUPPLIES, VIJYAWADA KRISHNA DISTRICT, AP 3. THE DISTRICT COLLECTOR CS, KURNOOL, KURNOOL DISTRICT, AP 4. THE REVENUE DIVISIONAL C S, OFFICER NANDYAL, KURNOOL DISTRICT, AP 5. THE TAHSILDAR C S, ALLAGADDA MANDAL KURNOOL DISTRICT, AP ...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, order or direction more particularly one in the nature 2 VS,J W.P.NO.39278 OF 2018 of writ of mandamus declaring the action of the 3rd respondent vide Rc.CS3. 105/2018 Dt.23-08-2018 in proposing to bifurcate the petitioner's fair price shop no.52 along with other F.P. Shops of Kotakandukur Village, Allagadda Mandal, Kurnool District, AP and creating one additional Fair Price Shop No.58 at Kotakandukur Village, Allagadda Mandal, Kurnool District as being arbitrary, illegal and also in violation of principles of natural justice besides being violative of Art.14,19(1)(g) and 21 of the Constitution of India and consequently to set aside the proceedings vide Rc.CS3.105/2018 Dt.23-08- 2018 and to pass such other order or orders may deem fit and proper in the circumstances of the case. IA 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 grant stay of all further proceedings in pursuance of the Notification issued by the 3rd respondent vide Rc.CS3/420/ 2018 dt.19710- 2018 to fill up the vacancy for the proposed newly created Shop No.58 situated at Kotakandukur Village, Allagadda Mandal, Kurnool District AP pending disposal of the above writ petition and to pass IA NO: 2 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 vacate the interim orders dated 01.11.2018 made in WP.no. 39278/2018 and pass Counsel for the Petitioner: 1. THOTA SUNEETHA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP) The Court made the following: 3 VS,J W.P.NO.39278 OF 2018 ORDER:- When the writ petition came up for admission on 01.11.2018, this Court passed the following interim orders:- “In the mean time, if the written examination is held, the respondents are directed not to announce the result of selection of dealership of Shop No.58 of Kotakandukur village, Allagadda Mandal, Kurnool District”. 2. Today, when the matter came up for hearing, the learned Assistant Government Pleader for Civil Supplies furnished a copy of instructions vide orders Rc.B.1256/2025, dated 02.09.2025, wherein it is stated that the pending writ petition, no such bifurcation was made in respect of the petitioner’s fair price shop. It is further stated that although a proposal for the bifurcation was made by the Government, the petitioner approached this Court and obtained interim orders. It is also stated that as of now there is no such fair price shop No.58 in Allagadda Mandal. 3. In view of the fact that no bifurcation has been made with regard to the petitioner’s fair price shop as stated by the petitioner, this Court is of the opinion that no further cause survive in the present writ petition. 4. Accordingly, the writ petition is closed. However, the petitioner is at liberty to approach this Court, if the respondents initiate any further steps affecting the petitioner’s fair price shop. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. ___________________ JUSTICE V.SUJATHA 03.09.2025 LSP 4 VS,J W.P.NO.39278 OF 2018 180 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 39278/2018 03.09.2025 LSP