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High Court of Andhra Pradesh · body

2025 DAILYLAW 50432 (AP)

Machepalli Hanumantha Rao, v. The state of Andhra Pradesh,

WP/33396/2025 · 2025-12-07

V Sujatha

body2025

Judgment text

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APHC010643462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 33396/2025 Between: 1. MACHEPALLI HANUMANTHA RAO,, S/O. ANKAIAH, AGE 47 YEARS, OCC F.P.SHOP DEALER OF SHOP NO. 0830021, R/O. KUCHIPUDI VILLAGE, MARRIPUDI MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, PRAKASARH DISTRICT, AT ONGOLE. 3. THE JOINT COLLECTOR, ONGOLE, PRAKASAM DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, KANIGIRI, PRAKASAM DISTRICT. 5. THE TAHSILDAR, MARRIPUDI MANDAL, PRAKASAM 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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not numbering the appeal filed by the petitioner challenging the cancellation of authorization of the Fair Price Shop at Kuchipudi Village (Shop.No.0830021) of Marripudi Mandal, Prakasam District of the petitioner 2 VS,J W.P.No.33396 of 2025 vide Rc.E/592/2024 dated 21.12.2024 issued by the 4th respondent as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and consequently direct the 3rd respondent to dispose of the appeal filed by the petitioner and pass such IA 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 may be pleased to direct the respondents to continue the petitioner as F.P. shop Dealer and to supply essential commodities to the petitioner’s fair price shop at Kuchipudi Village (Shop.No.0830021) of Marripudi Mandal, Prakasam District pending disposal of the appeal before the 3rd respondent, pending disposal of Writ Petition, and pass such Counsel for the Petitioner: 1. K NARSI REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.33396 of 2025 ORDER: The present writ petition came to be filed under Article 226 of the 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 action of the 3rd respondent in not numbering the appeal filed by the petitioner challenging the cancellation of authorization of the Fair Price Shop at Kuchipudi Village (Shop.No.0830021) of Marripudi Mandal, Prakasam District of the petitioner vide Rc.E/592/2024 dated 21.12.2024 issued by the 4th respondent as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and consequently direct the 3rd respondent to dispose of the appeal filed by the petitioner ….” 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 3. Today, when the matter came up for hearing, the learned Assistant Government Pleader for Civil Supplies has furnished a copy of instructions of the Collector (Civil Supplies), Prakasam District, dated 29.11.2025, wherein it is stated that the petitioner filed an appeal and stay petition before the 3rd respondent/Joint Collector, Prakasam vide RC.CS2/141/2025, dated 26.09.2025, against the impugned cancellation orders dated 21.12.2024, and thereafter, the record from the office of the Revenue Divisional Office, Kanigiri was also called for by the 3rd respondent vide letter dated 04.10.2025, which fact was also admitted by the learned counsel for the petitioner. 4. As the appeal preferred by the petitioner has already been numbered as RC.CS2/141/2025, instead of going into the merits of the case, the 3rd 4 VS,J W.P.No.33396 of 2025 respondent/Joint Collector, Prakasam is directed to pass appropriate orders on the stay petition filed by the petitioner as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order. 5. Accordingly, with the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. _______________________ JUSTICE V.SUJATHA Date: 08.12.2025 KGR