1 APHC010295232022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 17407/2022 Between: 1. M THIPPANNA, S/O LATE NARASANNA, AGED ABOUT 34 YEARS, OCCUPATION . RATION SHOP DEALER, RESIDENT OF H. NO. 7/32, FLOOD COLONY, NAGALADINNE VILLAGE, NANDAVARAM MANDAL, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI-522 537(A.P.), GUNTUR DISTRICT. 2. JOINT COLLECTOR, CIVIL SUPPLIES, KURNOOL DISTRICT, KURNOOL-5 1 8 002(A.P.). 3. REVENUE DIVISIONAL OFFICER, ADONI-518 301(A.P.), KURNOOL DISTRICT. 4. TAHSILDAR, NANDAVARAM MANDAL, NANDAVARAM-518 463(A.P.). KURNOOL DISTRICT. ...RESPONDENT(S): 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 topleased to issue an order or direction or any writ more appropriately a WRIT OF MANDAMUS to declare to declare the Impugned orders passed by the 3rd Respondent vide his proceedings Rc. M. 4639/2020, dated. 20-07- 2 2021 as confirmed by h. 2nd Respondent vide his Appeal Case No.CS.3/237/2021, dated. 22-12-2021 are all illegal, arbitrary and Unconstitutional apart from clear violation of fundamental rights of the Petitioner at the instance of the local YCP leaders and set aside the same and to pass IA NO: 1 OF 2022 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 pleased to suspend the impugned orders passed by the 3rd Respondent vide his proceedings Rc. M. 4639/2020, dated. 20-07-2021 as confirmed by the 2"d Respondent vide his Appeal Case No.CS.3/237/2021, dated. 22-12-2021, by allowing the Petitioner to run the Fair Price shop No. 12 of Nagaladinne Village, Nandavaram Mandal, Kurnool District pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. K RAJANNA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an order or direction or any writ more appropriately a WRIT OF MANDAMUS to declare to declare the Impugned orders passed by the 3rd Respondent vide his proceedings Rc. M. 4639/2020, dated. 20-07-2021 as confirmed by h. 2nd Respondent vide his Appeal Case No.CS.3/237/2021, dated. 22-12-2021 are all illegal, arbitrary and Unconstitutional apart from clear violation of fundamental rights of the Petitioner at the instance of the local YCP leaders and set aside the same and to pass….” 2. The petitioner herein was appointed as fair price shop dealer of shop No.12 of Nagaladinne village vide proceedings dated 10.01.2018 of the 3rd respondent and ever since, the petitioner has been distributing essential commodities to the cardholders, without there being any complaint from whomsoever concerned. 3. While the matter stood thus, the petitioner’s fair price shop was inspected by the respondent officials on 09.09.2020 and found certain discrepancies in the ground stock, accordingly a report was sent by the 4th respondent to the 3rd respondent, pursuant to which, the respondents have stopped supply of essential commodities to the petitioner’s fair price shop. Thereafter, vide Rc.M.4639/2020, dated 28.05.2021, the 3rd respondent issued a show cause notice framing two charges and sought for the petitioner’s explanation, to which the petitioner has submitted his explanation on 08.06.2021. Subsequently, the petitioner’s authorization was cancelled by the 3rd respondent vide proceedings dated 20.07.2021 which was also 4 confirmed by the 2nd respondent on 22.12.2021 in appeal case No.CS.3/237/2021 filed by the petitioner, without either considering the explanation submitted by the petitioner nor by conducting any detailed enquiry on the charges framed as against the petitioner. Hence, the present writ petition is filed. 4. Heard Sri. K. Rajanna, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 5. Today when the writ petition came up for hearing, learned Assistant Government Pleader has produced a copy of instructions furnished by the 2nd respondent dated 07.10.2025 wherein it is stated that the cancellation orders passed by the 3rd respondent dated 20.07.2021 were further confirmed by the 2nd respondent in an appeal filed by the petitioner, vide order dated 22.12.2021. It is further stated that pending the present writ petition, challenging the order passed by the 2nd respondent dated 22.12.2021, the petitioner has already filed a revision petition before the District Collector on 29.01.2022 which is still pending for adjudication. Hence requested to dismiss the writ petition. 6. It can be seen that challenging the order of the 2nd respondent dated 22.12.2021, the petitioner has preferred a revision petition before the District Collector, Kurnool on 29.01.2022 and the same is pending for adjudication. A party cannot take two remedies simultaneously as against the one and the same order. In view of the same, this Court finds no merits in the present case. 5 7. However, as the revision petition filed by the petitioner is pending for adjudication before the District Collector, Kurnool since 2022, the District Collector, Kurnool is directed to dispose of the revision petition filed by the petitioner vide Rc.CS3/54/2022 within a period of four (4) weeks from the date of receipt of a copy of this order. As the District Collector, Kurnool is not a party in the present petition, Registry is directed to suo moto implead the District Collector, Kurnool in the present writ petition. 8. Accordingly, this writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date:08.10.2025. Gss