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2025 DAILYLAW 43032 (AP)

Melam Lakshmi Koteswaramma, v. The State of Andhra Pradesh

WP/8604/2025 · 2025-04-02

Sumathi Jagadam

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 8604 OF 2025 Between: Melam Lakshmi Koteswaramma, w/o Kasaiah, Aged about 45 years, Occ; F.P. Shop Dealer, R/o Pinnelli (Village), Machavaram Mandal, Palnadu District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. 2. The Joint Collector, Narasaraopeta, Palnadu District. (Erstwhile Guntur District) 3. The Revenue Divisional Officer, Gurajala, Palnadu District. (Erstwhile Guntur District) 4. The Tahsildar, Machavaram Mandal, Machavaram, Palnadu District (Erstwhile Guntur District) ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Joint Collector, Narasaraopeta, Palnadu District in not passing any order in the suspension petition filed to suspend the proceedings Rc.No.882/2024-A, dated 16.01.2025 of the Revenue Divisional Officer, Gurajala, Palnadu District along with the appeal on 15-02-2025 is arbitrary, illegal, without jurisdiction and consequently direct the Respondents to continue the Petitioner as Fair Price shop Dealer (F.P.Shop No.0705030) at Pinhelli (Vil), Machavaram Mandal, Palnadu District, pending the appeal before the Joint Collector, Narasaraopeta, Palnadu District. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the Fligh Court may be pleased to direct the Respondents to supply the stock to the Petitioner for the F.P. Shop No. 0705030 at Pinnelli village, Machavaram Mandal, Palnadu District (erstwhile Guntur District), pending disposal of the petition. Counsel for the Petitioner: SRI CH C KRISHNA REDDY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER r ♦ APHC010145782025 HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION No.8604 OF 2025 Between: Petitioner Melam Lakshmi Koteswaramma and The State of A.P., Rep. by its Principal Secretary, Civil Supplies Department, Secretariat, Velagapudi, Amaravati, Guntur District and 3 others Respondents Sri Ch.C. Krishna Reddy G.P for Civil Supplies Counsel for the petitioner Counsel for the respondents The Court made the following ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief: to issue a Writ, order or direction more particularly one the nature of Writ of Mandamus declaring the action of the Joint CoHector, Narasaraopeta, Palnadu District in not passing any order in the suspension petition filed to suspend the proceedings Rc.No.882/2024-A, dated 16.01.2025 of the Revenue Divisional Officer, Gurajala, Palnadu District along with in 2 JS,J i WP No.8604/2025 the Appeal on 15.02.2025 is arbitrary, illegal, without jurisdiction and consequently direct the Respondents to continue the Petitioner as Fair Price Shop Dealer (F.P.Shop No.0705030) Pinnelli (Village), Machavaram Mandal, Palnadu District at pending the Appeal before the Joint Collector, Narasaraopeta, Palnadu District and pass such other order or orders ’’ 2. The petitioner was appointed as Dealer for Fair Price Shop No.0705030 of Pinnelli Village of Palnadu District. The authorization of petitioner's FPS is valid up to 31.03.2024. The petitioner alleged that the 4 respondent has forcibly taken leave letter and threatened the to book a criminal case against her. The petitioner has appeared before the O'"* respondent on 18.10.2024 and submitted her explanation stating that she availed the leave unwillingly. The respondent, without taking a decision on the explanation, has issued the proceedings in Rc.No.882/2024-A, dated 16.01.2025, canceling the petitioner’s authorization. Learned counsel for the petitioner further submits that the petitioner has preferred an Appeal before the 2"^" respondent on 15.02.2025 and no action taken so far. was 3. During the course of hearing learned counsel for the petitioner submits that the respondents, without conducting enquiry whether the leave letter was obtained from the petitioner under threat. coercion or 3 JS,J WP No.8604/2025 force, have straight away cancelled the authorization of the petitioner’s Fair Price Shop, which is issued in violation of principles of natural justice. 4. On the other hand, learned Assistant Government Pleader for Civil Supplies seeks to dispose of the Appeal, which is pending before the 2 respondent. nd Having considered the submissions of learned counsel for the petitioner and respondents, and in view of the facts and circumstances, the Writ Petition is disposed of by setting-aside the proceedings Rc.No.882/2024-A, dated 16.01.2025, issued by the 3^" respondent by directing the 2""' respondent to dispose of the Appeal, within one (1) month from the date of receipt of a copy of this order. Till such time, the respondent authorities are directed to supply the essential commodities to the Fair Price Shop of the petitioner, if the petitioner has completed the formalities for supply of the essential commodities. There shall be no order as to costs. 5. in As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, ^ Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. ^ Dislrict)*^^ Collector, Narasaraopeta, Palnadu District. (Erstwhile Guntur 3. The Revenue Divisional Officer, Gurajala, Palnadu District. Guntur District) (Erstwhile Palnadu District Mandal, Machavaram, 4. The Tahsildar, Machavaram (Erstwhile Guntur District) Krishna Reddy Advocate [OPUC] 5. One CC to Sri Ch C 6. Two CCS to 7. Three CD Copies of Andhra Pradesh. [OUT] GP for Civil Supplies, High Court TF HIGH COURT DATED;03/04/2025 ORDER WP.No.8604 of 2025 BirAND/^ 1 k MM CO/- DISPOSING OF THE W.P., WITHOUT COSTS