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2025 DAILYLAW 43046 (AP)

Bathula Nagi Reddy, v. The State of Andhra Pradesh

WP/8603/2025 · 2025-04-02

Sumathi Jagadam

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1V t . IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 8603 OF 2025 Between: Bathula Nagi Reddy, S/o Chandra Reddy, Aged about 64 years, Occ F.P. Shop Dealer R/o D.No.3-65, Pillutia (Vil), 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 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. 1339/15/2024-A, dated 29.01.2025 of the Revenue Divisional Officer, Gurajala. Palnadu District with the appeal on 15.02.2025 is arbitrary, illegal, without Jurisdiction and consequently suspend the proceedings Rc.No. 1339/15/2024- 29.01.2025 of the Revenue Divisional Officer, pending the appeal before the Joint Collector District. along A, dated Gurajala, Palnadu District, Narasaraopeta, Palnadu lA^NO: 1 OF 202fi Petition under Section 151 CPC stated in the affidavit filed in support of the writ petition, the High Court be pleased to direct the Respondents to continue the praying that in the circumstances may Petitioner as Fair Price Shop Dealer (F.P.Shop No. 0705015) at Pillutia Village, Machavaram Mandal, Palnadu District (erstwhile Guntur District), pending disposal of the writ petition. - Counsel for the PetitionerSRI CH C KRISHNA REDDY Counsel for the Respondents: GP FOR CIVIL SUPPLIES " The Court made the following: ORDER APHC010162122O25 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 SiSS [3459] THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 8603/2025 Between: ...PETITIONER Bathula Nagi Reddy, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.CH C KRISHNA REDDY Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES 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 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. 1339/15/2024-A, dated 29.01.2025 of the Revenue Divisional Officer, Gurajala, Palnadu District along with the appeal on 15.02.2025 is arbitrary, illegal, without Jurisdiction and consequently suspend the proceedings Rc.No. 1339/15/2024- A, dated 29.01.2025 of the Revenue Divisional Officer, Gurajala, Palnadu District, pending the appeal - before the Joint CoHector, Narasaraopeta, Palnadu District and other order or orders ” pass such >1 The petitioner is a fair price shop dealer of Palnadu District and running fair price shop for more than 33 along with his staff has forcibly obtained leave letter that he will be implicated in criminal 2. years. On 15.10.2024, the 4'^ respondent/Tahsildar and threatened the petitioner case. 3. On 08.01.2025, the 3'^'' respondent issued unauthorized absence. The petitioner has submitted his notice calling explanation for explanation on 18.01.2025 stating that no irregularities were traced out in the fair price shop. Due to change in politics, now the ruling party, in order to allot person of their choice is trying to initiate action against the petitioner. In the said explanation, the petitioner has also Stated that the leave letter was forcibly obtained by the 4 th respondent and his staff. 4. Learned counsel for the petitioner submits that against the cancellation proceedings dated 29.01.2025, the petitioner has preferred appeal before respondent and the same is pending for consideration. Learned counsel further submits that in similar circumstances, this Court while 2025 suspended the proceedings issued by the Revenue Divisional nd the 2 disposing \A/.P.No.4737 of Officer. 5. Learned Assistant Government Pleader, necessary orders will be passed on the appeal filed by the petitioner. on instructions, submits that 6. Having considered the submissions of learned counsel for the respondents, and in view of the facts and petitioner and circumstances of the case, the Writ Petition is disposed of by directing the 2“ respondent to dispose of the Appeal dated 15.02.2025, within one (1) month from the date of receipt of a copy of this order. failing which, the respondents shall renew the authorization of the petitioner’s fair price shop. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Civil Supplies Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. The Joint Collector, Narasaraopeta, Palnadu District. (Erstwhile Guntur District) The Revenue Divisional Officer, Gurajala, Palnadu District. (Erstwhile Guntur District) The Tahsildar, Machavaram Mandal, Machavaram, Palnadu District (Erstwhile Guntgr District One CC to SRI. CH C KRISHNA REDDY Advocate [OPUC] Two CCs to GP FOR CIVIL SUPPLIES ,High Court Of Andhra Pradesh. [OUT] Three C.D.Copies 2. 3. 4. 5. 6. 7. nm r)^'- HIGH COURT DATED:03/04/2025 ORDER WP.No.8603 of 2025 ^ 01 AUG 2025 VsCi!rr»iitSMlla)X«y DISPOSING OF THE WP WITHOUT COSTS