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2025 DAILYLAW 43433 (AP)

M SIVARAMANJANEYULU v. THE STATE OF ANDHRA PRADESH

WP/30315/2024 · 2025-04-07

Sumathi Jagadam

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH;rAMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO; 30315 OF 2024 Between: M Sivaramanjaneyulu, S/o. M. Sreeramulu, aged about 42 years, F.P. Shop No. 1348033 H.No. 3-39, Mettupally Village, Peapully Mandal, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings. 2. The Joint Collector,(Civil Supplies), Nandyala, Nandyala District. 3. The Revenue Divisional Officer,(Civil Supplies), Dhone, Nandyala District. 4. The Tahasildar (Civil Supplies), Peapully Mandal Nandyala District. 5. Mandal Revenue Officer, Peapully, Nandyal 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 be pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in dated 19.11.2024 may issuing proceedings vide Rc.No.D/CS/591/2024, suspending the writ petitioners authorization for F.P. Shop No. 1348033 Mettupally Village, Peapully Mandal, Nandyal District, Andhra Pradesh, without giving any opportunity for explanation as illegal, arbitrary and violation of principle of natural and consequently set aside the same by directing the respondents 2 to 4 to continue the writ petitioner as F.P. Shop dealer No. 1348033, Mettupally Village, Peapully Mandal, Nandyal District, Andhra Pradesh lA NO: 1 OF 2024 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 3rd and 4th respondents to continue the writ petitioner as F.P. Shop dealer No. 1348033, Mettupally Village, Peapully Mandal, Nandyal District, Andhra Pradesh by releasing the ePos machine and weighing machine Counsel for the Petitioner: SRI JJYOTHI Counsel for the Respondents No.1 to 5: GP FOR CIVIL SUPPLIES The Court made the following: Order APHC010571502024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) • I [3459] TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 30315/2024 Between; ...PETITIONER M Sivaramanjaneyulu AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.J.JYOTHI Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following ORDER: This writ petition is filed under Article 226 of Constitution of India seeking the following relief: “...pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action respondent in issuing proceedings vide Rc.No.D/CS/591/2024, dated 19.11.2024 suspending the writ petitioners authorization for F.P. Shop 1348033, Mettupally Village, PeapuHy Mandal, Nandyal District, Pradesh, without giving any opportunity for explanation as illegal, arbitrary and violation of principle of natural and consequently set aside the same by directing the respondents 2 to 4 to continue the writ of the 3rd No. Andhra 2 JS,J W.P No.30315/2024 petitioner as F.P. Shop dealer No. 1348033, Mettupally Village Peapully Mandal, Nandyal District, Andhra Pradesh and pass...” The petitioner is the permanent fair price shop dealer for shop 2. No.1348033 of Nandyal District. The petitioner is also in charge of two other fair price shops in Yenugumarri and Nereducherla Villages. Learned counsel for the petitioner argues that the 3'"^ respondent has 3. issued simultaneous proceedings dated 19.11.2024 for suspension pending enquiry and show cause notice calling for explanation. When a show cause notice was issued calling upon the fair price shop 4. dealer to submit his/her explanation, the respondents should hold an enquiry and ensure that the employee has a fair chance to present their case before appropriate orders are passed. In the instant case, show cause notice was issued only for suspension pending enquiry and explanation was called for. Therefore, on that basis, further action for suspension of authorization could not have been taken without following the procedure established in law. Since the show cause notice and impugned suspension proceedings 5. were issued on the same day i.e., on 19.11.2024 and no enquiry was conducted by the respondents, this Court deems it appropriate to dispose of the writ petition by setting aside the impugned proceedings dated 19.11.2024 with a direction to the respondents to restore the authorization of the petitioner’s fair price shop, by leaving it open to the respondent authorities to proceed in accordance with law. 3 JSJ W P No 30315/2024 6. With the above observation, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// To ' SECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh, Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings. 2. The Joint Collector, (Civil Supplies), Nandyala, Nandyala District. 3. The Revenue Divisional Officer, (Civil Supplies), Dhone, Nandyala District. 4. The Tahasildar (Civil Supplies), Peapully Mandal Nandyala District. 5. Mandal Revenue Officer, Peapully, Nandyal District. 6. One CC to SRI J.JYOTHI Advocate [OPUC] 7 Two CCS to GP FOR CIVIL SUPPLIES, High Court of Andhra Pradesh [OUT] 8. Three CD Copies gsg 1, HIGH COURT DATED: 08/04/2025 ORDER WP.No.30315 of 2024 'i 09 MAY 2025 ^ Current Section DISPOSING THE WP WITHOUT COSTS