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2025 DAILYLAW 39661 (AP)

Kolakalapudi Prabhakara Rao v. The State of Andhra Pradesh

WP/40782/2017 · 2025-08-31

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010966852017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 40782/2017 Between: 1. KOLAKALAPUDI PRABHAKARA RAO,, S/O KOTA REDDY, AGED ABOUT: 35 YEARS, OCC: UNEMPLOYEE, R/O BADDIPUDI VILLAGE, ULAVAPADU MANDAL, PRAKASHAM DISTRICT. 2. CHADALAVADA VIJAY KUMAR,, S/O KONDAIAH, AGED: 58 YEARS, OCC: CULTIVATION, R/O BADDIPUDI VILLAGE, ULAVAPADU MANDAL, PRAKASHAM DISTRICT. 3. BANDI MALA KONDAIAH,, S/O JALAIAH, AGED: 57 YEARS, OCC: CULTIVATION R/O BADDIPUDI VILLAGE, ULAVAPADU MANDAL, PRAKASHAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT AT VELLAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PRAKASHAM DISTRICT AT: ONGOIE. 3. THE REVENUE DIVISIONAL OFFICER, SUB COLLECTOR KANDUKURU, PRAKASHAM DISTRICT. ...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 2 VS,J W.P.No.40782 of 2017 nature of Writ of Mandamus, to declare the action of the Respondents in issuing the impugned Notification No. F/4414/2017, Dated 13-11-2017 as illegal, arbitrary, and in violation of the provisions of Civil Supplies Act, AP State Public Distribution System (Control) Order, 2008 and also against settle principles of law and set aside the same IA NO: 1 OF 2017(WPMP 50638 OF 2017 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 Notification No. F/4414/2017, Dated 13-11-2017 issued by the 3rd Respondents pending disposal of the main Writ Petition 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 vacate the interim orders dated 04.12.2017, made in WP No.40782/2017. Counsel for the Petitioner(S): 1. B CHANDRASEN REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. GP FOR CIVIL SUPPLIES (AP) 3 VS,J W.P.No.40782 of 2017 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 40782/2017 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, to declare the action of the Respondents in issuing the impugned Notification No.F/4414/2017, Dated 13.11.2017 as illegal, arbitrary and in violation of the provisions of Civil Supplies Act AP State Public Distribution System (Control) Order, 2008 and also against settle principles of law and set aside the same…” 2. When the matter came up for admission on 04.12.2017, this Court passed the following interim order:- “Till then, process may go on and there shall be stay of finalization of selection.” 3. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Civil Supplies representing the respondents. 4. It is brought to the notice of this Court an order dated 23.03.2023 passed by this Court in W.P.No.38304 of 2017, challenging the notification dated 20.10.2017. Wherein, there was also an interim order, as in the present case, that the process in pursuance to the impugned notification may go on, but the results shall not be declared. Considering the same, when the writ petition came up for hearing, the Writ Petition was disposed of as under:- “In view of the interim direction, if the petitioners are continuing as Fair Price Shop Dealers, let the respondents may take appropriate action based on the results of the notification. If the results are not announced and no appointments were made, the respondents are 4 VS,J W.P.No.40782 of 2017 directed to issue fresh notification by following the procedure contemplated under G.O.Ms.No.4 dated 19.02.2011.” 5. As the petitioners’ case falls under similar circumstances, the present writ petition is disposed of in similar lines of the aforesaid order. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 01.09.2025 JLV 5 VS,J W.P.No.40782 of 2017 294 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 40782 of 2017 Date: 01.09.2025 JLV