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2025 DAILYLAW 44456 (AP)

TANGIRALA RAMANA REDDY v. THE STATE OF ANDHRA PRADESH

WP/9604/2025 · 2025-04-16

Sumathi Jagadam

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 9604 OF 2025 Between: Tangirala Ramana Reddy, S/o Ramakoti Reddy, aged 41 years OccFair Price Shop Dealer, R/o Perurupadu village, Bollapalli Mandal Palnadu District. ...PETITIONER , AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Velaga^udi, Amaravathi, Guntur District. 2. The Revenue Divisional Officer, Narasarao pet, Palnadu District. 3. The Tahsildar, BollapalliMandal, Palnadu 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 of Mandamus or any other appropriate Writ Order or direction, declaring the impugned order Rc.No. 1841/2024-G dated 18-10-2024 on the file of Revenue Divisional Officer, Narasaraopet, Palnadu District, as illegal, arbitrary. lA NO: 1 OF 2025 / 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 Order Rc.No.l841/2024-G dated 2024 on the file of Revenue Divisional Officer, Narasarao District, pending disposal of the above Writ Petition. 18-10- pet, Palnadu Counsel for the Petitioner(s): SRI. D KRISHNA MURTHY ^ Counsel for the Respondent Nos.1 to 3: GP FOR CIVIL SUPPLIES The Court made the following: ORDER APHC010176252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 9604/2025 Between: Tannirala Ramano ...r 1- I I I AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.D KRISHNA MURTHY Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “....to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the impugned order Rc.No.1841/2024-0 dated 18.10.2024 on the file of Revenue Divisional Officer, Narasaraopet, Palnadu District, as illegal, arbitrary and vitiated as the same is malafide and pass...” The petitioner is a fair price shop dealer of Guntur District. The 3"'^ respondent has foisted false report against the petitioner for refusing to resign the post of fair price shop dealer. Based on the report submitted by 2. \ \ ■If \ /I ' . 2 the respondent, the 2"^ respondent has issued show cause notice framing single charge under clause 21 (c) of Essential Commodities Act, 1955, directing the petitioner to submit explanation within 48 hours. 3. Learned counsel for the petitioner submits that thought the date in the show cause notice shows 15.10.2024, the same was served to the petitioner on 17.10.2024 and the petitioner has submitted his explanation 19.10.2024 i.e., within 48 hours as directed by the 2'^^ respondent. On 18.10.2024, the 2"*^ respondent has suspended the authorization temporarily on the ground that the petitioner has (not submitted her explanation) violated clause 21 (c) of the Act. on 4. Normally, 7 days time is granted to submit the explanation for show cause notice. But in the present case, the respondents have directed the petitioner to submit his explanation within 48 hours. The petitioner has submitted his explanation on 19.10.2024 from the date of receipt of show cause notice dated 17.10.2024 and the same is evident through the endorsement dated 19.10.2024. The 2"^ respondent, without verifying the same, has issued proceedings on 18.10.2024 in a routine manner, which clearly shows that the proceedings are issued with sheer vindictiveness and the same are liable to be set aside. 5. Accordingly, the Writ Petition is disposed of by setting aside the proceedings dated 18.10.2024 issued by the 2'^'^ respondent and by directing the 2"'^ respondent to consider the explanation submitted by the petitioner on \ 3 A 19.10.2024, which was acknowledged by the office, by duly giving opportunity to the petitioner. The 2^^ respondent thereafter shall pass appropriate orders within two (2) months. Till such time, the 2^^^ respondent is directed to continue the petitioner as fair price shop dealer for shop No.0721035 of Perurupadu Village, Bollapalli Mandal, Guntur District. There shall be no order as to costs. Any pending miscellaneous applications, if any, will also stand closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Civil Supplies Department, Velagapudi, Amaravathi, Guntur District. 2. The Revenue Divisional Officer, Narasaraopet, Palnadu District. 3. The Tahsildar, Bollapalli Mandal, Palnadu District. 4. One CC to Sri. D Krishna Murthy Advocate [OPUC] Civil Supplies ,High Court Of Andhra Pradesh. 6. THREE CD Copies AL . V'- 4 \ HIGH COURT DATED:17/04/2025 ORDER WP.No.9604 of 2025 CO o S 2t MAY 2025 ^£S:spatc»^!sS ov m W! DISPOSING OF THE W.P. WITHOUT COSTS