Vijaya Durga DWACRA Group v. The State of Andhra Pradesh
WP/48088/2018 · 2025-08-12
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39720 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39720 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010985662018
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 48088/2018 Between:
1. VIJAYA DURGA DWACRA GROUP, REP.BY AREPALLI MEENAKSHI, W/O. PANDU, AGED ABOUT 35 YEARS, R/O.
6/117, 6TH WARD, PEDDA VEEDI, GUDIVADA, KRISHNA DISTRICT, STATE OF A.P.
2. SRI VEERA BRAHMENDRA GROUP (DWACRA), REP.BY ADDANKI SWAPNA, W/O. SRINIVASA RAO, AGED ABOUT 35 YEARS, R/O. 6/56, PEDDA VEEDI, GUDIVADA, KRISHNA DISTRICT, STATE OF A.P.
3. KARUNA DWACRA GROUP, REP.BY PEDDI MANGA, W/O.
ARJUNA RAO, AGED ABOUT 30 YEARS, R/O. 6/1-16-C-1, NAGANNA BHAVI, 6TH WARD, KOATHAPETA, GUDIVADA, KRISHNA DISTRICT, STATE OF A.P.
4. KARUNYA DWACRA GROUP, REP.BY CHUKKA GLORY FLARENCE JYOSTHNA, W/O. RAJA BABU , AGED ABOUT 40 YEARS, R/O. 13/449-A, PATIMEEDA, BEHIND Z.P.GUEST HOUSE, GUDIVADA, KRISHNA DISTRICT, STATE OF A.P.
5. SREE SIVA SAI DWACRA GROUP, REP.BY KANUMURU KANAKA DURGA, W/O. BHUJANGA RAO, AGED ABOUT 39 YEARS, R/O 13/118A, PATIMEEDA, JAGANNADHAPURAM, GUDIVADA, KRISHNA DISTRICT, STATE OF A.P.
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6. KHAZA MOHIDDIN DWACRA GROUP, REP.BY SHEIK SABIRA BEGUM , W/O. SHEIK NURUDDIN, AGED ABOUT 40 YEARS, R/O. 13/454, PATIMEEDA, REDDYGARI MILL LANE, GUDIVADA MANDAL, KRISHNA DISTRICT, STATE OF A.P.
7. MAITRI DWACRA GROUP, REP.BY POLISETTI RANGANAYAKAMMA W/O. RAMESH , AGED ABOUT 38 YEARS, R/O. D.NO. 19/534, CHENCHUPETA, GUDIVADA, KRISHNA DISTRICT, STATE OF A.P.
8. SNEHA SWAMY SAHAYAKA SNAGAM (DWACRA), REP.BY DARA BABY RANI, W/O. RAMESH BABU, AGED ABOUT 43 YEARS, R/O. 14/50, RAILWAY STATION ROAD, GUDIVADA, KRISHNA DISTRICT, STATE OF A.P.
9. SANTOSHIMATA DWACRA GROUP, REP.BY DARAPUREDDY KANAKA LAKSHMI, W/O. LATE DESANNA, AGED ABOUT 39 YEARS, R/O. D.NO.18/199,PEDDI ARIKIPADU, NEAR PARK, GUDIVADA MANDAL, KRISHNA DISTRICT, STATE OF A.P.
10. KARUNAMAYUDU DWACRA GROUP, REP.BY ENTI SIMHADRI, W/O. SRINU, AGED ABOUT 35 YEARS, R/O. 8/3- 4A, N.T.R, COLONY, GUDIVADA, KRISHNA DISTRICT, STATE OF A.P.
11. SRI LALITHA DWACRA GROUP, REP.BY UPPALA MANI MALA, W/O. RAVI, AGED ABOUT 37 YEARS, R/O.
H.NO.3/137, MAREEDUVARI VEEDI, GUDIVADA, KRISHNA DISTRICT, STATE OF A.P.
...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT, A.P.SECRATARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, (CIVIL SIPPLIES WING),
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MACHILIPATNAM, KRISHNA DISTRICT, A.P.
3. THE JOINT COLLECTOR, (CIVIL SIPPLIES WING), MACHILIPATNAM, KRISHNA DISTRICT, A.P.
4. THE REVENUE DIVISIONAL OFFICER, CIVIL SIPPLIES WING, GUDIVADA, KRISHNA DISTRICT, A.P.
5. THE TAHASILDAR, CIVIL SIPPLIES WING, GUDIVADA TOWN, KRISHNA DISTRICT, ANDHRA PRADESH.
6. A AYYAPPA SWAMY, S/O. SRI A. RAGAVENDRA SWAMY, HINDU, OCCU. F.P.SHOP DEALER OF F.P.SHOP NO.15, GUDIVADA TOWN, KRISHNA DISTRICT. 7. SIDDANI KUMAR, S/O. SRI S. KOATAIAH, HINDU, AGED ABOUT 62 YEARS, OCCU. F.P.SHOP DEALER OF F.P.SHOP NO.15, GUDIVADA TOWN, KRISHNA DISTRICT. 8. B N RANGA RAO, S/O. SRI B. SUBBA RAO, HINDU, AGED ABOUT NOT KNOWN, OCCU. F.P.SHOP DEALER OF F.P.SHOP NO.16, GUDIVADA TOWN, KRISHNA DISTRICT, A.P,
9. K EDUKONDALU, S/O. SRI K.VENKATESWARA RAO, HINDU, AGE. NOT KNOWN, OCCU. DEALER OF F.P.SHOP NO.35, GUDIVADA TOWN, KRISHNA DISTRICT. 10. YERRAMASETTI APPA RAO, S/O. SRI PEDA SATHYAM, HINDU, AGE. NOT KNOWN, OCCU. F.P.SHOP DEALER OF F.P.SHOP NO.31, GUDIVADA TOWN, KRISHNA DISTRICT. 11. SRI B SUBRAHMANYAM, S/O. B. GOPALA KRISHNA MURTHY, OCCU. F.P.SHOP DEALER OF F.P.SHOP NO.33, GUDIVADA TOWN, KRISHNA DISTRICT, STATE OF A.P.
12. E SIVA KUMAR, S/O. SRI E.YEDUKONDALU, HINDU, AGE. NOT KNOWN, OCCU. DEALER OF F.P.SHOP NO.45, GUDIVADA TOWN, KRISHNA DISTRICT. 13. M VENKATESWARA RAO, S/O. SRI N. NANCHAYYA, HINDU, AGED ABOUT 32 YEARS, OCCU. F.P.SHOP DEALER OF
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F.P.SHOP NO.34, GUDIVADA TOWN, KRISHNA DISTRICT, A.P,
14. SRI KASI ANNAPURNA SELF HELP GROUP, REP.BY ITS MEMBER-, SMT.S.RATNA DURGA,W/O.S.VENKATA VIVEKANANDA, HINDU, OCCU. F.P.SHOP DEALER OF F.P.SHOP NO.39, GUDIVADA TOWN, KRISHNA DISTRICT,STATE OF A.P.
15. K GANGADHARA RAO, S/O. SRI K..KOATESWARA RAO, HINDU, AGE. NOT KNOWN, OCCU. F.P.SHOP DEALER OF F.P.SHOP NO.20, GUDIVADA TOWN, KRISHNA DISTRICT. 16. KOATTA MURALI KRISHNA RAO, S/O. SUBBA RAO, AGED ABOUT NOT KNOWN, F.P.SHOP NO.23 DEALEAR, R/O. OPP. BOAMMARILLU THEATRE, ELURU ROAD, GUDIVADA TOWN, GUDIVADA MANDAL, KRISHNA 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 to to issue a Writ, Oder or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 4 in not completing the enquiry against the respondents 6 to 16 persuant to the suspension pending enquiry of their Fari Price shop dealerships in view of the suspension pending enquiry on 08.11.2014 as bad, illegal, arbitrary and contrary to Article 14 of the Constitution of India and consequently direct the respondents 2 to 4 to complete the enquiry against respondents 6 to 16 as expeditiously as possible as their dealerships suspended pending enquiry as long back as on 08.11.2014 with out completing enquiry and passing final Order and to pass 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 direct the respondents 2 to 4 to restore the petitioners in their respective Shops on temporary basis in the same position as they
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were appointed initially pending the finalization of the enquiry against the respondents 1 to 16 pending disposal of the above writ petition and to pass Counsel for the Petitioner(S):
1. G VIJAYA BABU Counsel for the Respondent(S):
1. THOTA SUNEETHA
2. T S ANAND
3. GP FOR CIVIL SUPPLIES (AP) The Court made the following:
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ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
“..to issue a Writ, Oder or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 4 in not completing the enquiry against the respondents 6 to 16 pursuant to the suspension pending enquiry of their Fair Price shop dealerships in view of the suspension pending enquiry on 08.11.2014 as bad, illegal, arbitrary and contrary to Article 14 of the Constitution of India and consequently direct the respondents 2 to 4 to complete the enquiry against respondents 6 to 16 as expeditiously as possible as their dealerships suspended pending enquiry as long back as on 08.11.2014 without completing enquiry and passing final Order and to pass.”
2.
Brief facts of the case are that the respondent Nos.6 to 16 are permanent fair price shop dealers of shop Nos.14, 15, 16, 35,, 31, 33, 45, 34, 39, 20 and 23, Gudivada town and mandal, Krishna district respectively. As the fair price shop dealership of respondent Nos.6 to 16 was suspended pending enquiry vide proceedings dated 08.11.2014, the petitioners herein were appointed as temporary fair price shop dealers of the aforementioned shops by the respondent authorities. 3. Subsequently, as the respondent authorities are not completing the enquiry, respondent Nos.6 to 15 filed various writ petitions before this Court and have succeeded in obtaining an interim order wherein this Court directed the respondent authorities to continue respondent
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Nos.6 to 16 as fair price shop dealers and further observed that the respondent authorities are not precluded from conducting an enquiry against respondent Nos.6 to 16 herein and from passing a final order thereof. Whereas the 16th respondent filed R.P.No.150 of 2017 before the Government wherein, vide order dated 27.02.2018, the respondent authorities were directed to continue 16th respondent as fair price shop dealer, pending final order. Pursuant to the aforesaid order, the 4th respondent, without issuing any notice to the petitioners have terminated the petitioners and have re-appointed respondent Nos.6 to 16 as fair price shop dealers of their respective shops. The grievance of the petitioners is that, till date, the respondent authorities have not concluded the enquiry pending against respondent Nos.6 to 16. Hence, the present writ petition is filed. 4. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Civil Supplies. 5. Today when the writ petition came up for hearing, learned Assistant Government Pleader has produced a copy of instructions of the 4th respondent dated 13.08.2025, wherein it is stated that the 5th respondent gave a report to the II Town Police Station, Gudivada against the respondent Nos.6 to 16 and that a crime was registered against them in FIR.No.189 of 2014, dated 06.10.2014 under Sections
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120-B, 466, 467, 468, 471, 420, 477-A, 506 read with 34 IPC. After completion of investigation, the Police have also filed a charge sheet vide C.C.No.777 of 2016 before the learned Additional Judicial 1st Class Magistrate, Gudivada.
It is further stated in the instructions that as on today, respondent Nos.6 to 16 are discharging their duties as fair price shop dealers and that the criminal case filed against respondent Nos.6 to 16 is still pending before the Court below. But, however, it is nowhere stated as to whether the respondents have completed the enquiry pending against respondent Nos.6 to 16. 6. It was brought to the notice of this Court that the writ petitions filed by respondent Nos.6 to 16 before this Court were disposed of with a direction to the respondent authorities to complete the enquiry pending against the respondent Nos.6 to 16, within a period of three months. In spite of there being a direction from this Court to the respondent authorities to complete the enquiry pending against the respondent Nos.6 to 16, till date, no such enquiry has been finalized. 7. In view of the aforesaid facts and circumstances, this Court, instead of keeping this writ petition pending, feels it appropriate to dispose of the writ petition by directing the 4th respondent herein, to conclude the enquiry pending against the respondent Nos.6 to 16
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herein, within a period of three (3) months from the date of receipt of a copy of this order. 8. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous applications, pending, if any, shall also stand closed. ___________________ JUSTICE V. SUJATHA Date: 13.08.2025 Gss