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High Court of Andhra Pradesh · body

2025 DAILYLAW 44836 (AP)

SK FATHIMUNNISA v. THE STATE OF AP

WP/31150/2024 · 2025-04-24

Sumathi Jagadam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

%% IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 31150 OF 2024 Between: Sk. Fathimunnisa, D/o. Raheem, Aged 32 years, Occ F.P. Shop Dealer of Shop.No.0684137, R/o. Singh Nagar, Vijayawada, Krishna District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Civil Supplies Department, Secretariat Buildings, At Velagapudi, Amaravati. 2. The District Collector (Civil Supplies), Vijayawada, Krishna District. 3. The Joint Collector, Vijayawada, Krishna District. 4. The Revenue Divisional Officer, Vijayawada, Krishna District. 5. The Mandal Tahsildar, Circle-1, Vijayawada, Krishna 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 impugned order vide Rc.SCO-VJA/564/2020, dated 17.08.2023 issued by the 4th respondent cancelling the Fair Price Shop Dealership authorization of the petitioner to run the F.P. Shop. No.0684137 at ASO Circle-1, Vijayawada, without there being any valid reason, and without following any procedure under law as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(1)(g), 21 of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and consequentially set aside the same and direct the respondents to restore my authorization to run the Fair Price Shop No.0684137 Vijayawada, Krishna District. at ASO Circle-I, lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated i the affidavit filed in support of the writ petition suspend the impugned order vide Rc.SCO-VJA/564/2020, dated by the 4th respondent and consequently direct the respondents commodities to the petitioner to run the F.P. Shop No.0684137 at ASO Circle-I Vijayawada, Krishna District, pending disposal of Writ Petition. in the High Court may be pleased to 17.08.2023 issued to supply the lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated i the affidavit filed in support of the writ petition, the High Court direct the 2'"'' respondent to keep and maintain the vacancy of F.P. shop No.0684137, Singh Nagar, Vijayawada till further orders of this Hon'ble Court without new appointment of dealer to the said F.P. Shop. in may be pleased to lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated i the affidavit filed i in m support of the writ petition, the High Court may be pleased to receive the additional documents as additional material papers in the present writ petition. Counsel for the PetitionenSRI K JOSEPH Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION No.31150 of 2024 ORDER: This writ petition is filed under Article 226 of Constitution of India seeking the following relief: ...to issue a writ, order, or direction more particularly one in the nature of Writ of Mandamus declaring the Impugned order vide Rc.SCO-VJA/564/2020, dated 17.08.2023 issued by the 4*^ respondent cancelling the Fair Price Shop Dealership authorization of the petitioners run the F.P. Shop. No.0684137 at ASO Circle-I, Vijayawada, without there being any valid reason, and without following any procedure under law as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(1)(g), 21 of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 and consequentially set aside the same and direct the respondents to restore my authorization to run the Fair Price Shop No.0684137 at ASO Circle-1, Vijayawada, Krishna District and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case... ” 2. During the course of hearing, learned counsel for the petitioner submits that against the impugned proceedings, dated 17.08.2023, the petitioner has preferred an Appeal before the 2'"'^ respondent/District Collector on 07.01.2025 and the same is pending for consideration and prayed to dispose the same. 3. Having considered the submission made by the learned counsel for the petitioner, without going into the merits of the case, the 2"'^ 2 respondent is directed to dispose of the Appeal preferred by the petitioner, within date of receipt of a copy of this order dated 07.01.2025, a period of one (1) month from the failing which, the respondents shall renew the authorization of the petitioner’s fair price shop. 5. Accordingly, the Writ Petition is disposed of. No order As a sequel, miscellaneous petitions, if as to costs. any, pending shall stand closed. \ Sd/- U.SRI DEVI ASSISTANT REGISTRAR SEcfi^ OFFICER //TRUE COPY// To, 1 ■ The Principal Secretary, State of Andhra Secretariat Buildings, At Velagapudi, 2. The District Pradesh, Civil Supplies Department, Amaravati. Collector (Civil Supplies), Vijayawada, 3. The Joint Collector, Vijayawada, 4. The Revenue Divisional Officer, 5. The Mandal Tahsildar, Circle-I, Vijayawada, Krishna District ne CC to SRI. K JOSEPH Advocate [OPUC] 7. Two CCs to GP FOR CIVIL SUPPLIES 8. Three C.D.Copies Krishna District. Krishna District. Vijayawada, Krishna District. . High Court of Andhra Pradesh. [OUT] nm HIGH COURT DATED:25/04/2025 ORDER WP.No.31150 of 2024 DISPOSING OF THE WP WITHOUT COSTS