B M UMA DEVI v. The State of Andhra Pradesh, Rep.by its Principal Secretary
WP/2732/2025 · 2025-02-05
Kiranmayee Mandava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5439 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5439 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
ttzz^ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 2732 OF 2025 I f- o .'•S Between: B M Uma Devi, W/o. B.M. Shanmukhaiah, Age 55 years, Occ: Fair Price Shop Dealer, R/o. D.No.1-17, Kolaganahalli, Bommanahal Mandal Ananthapur District ...PETITIONER AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Government, Civil Supplies Department, Secretariat, Velagapudi, Amaravati, Guntur District.
2. The District Collector, Ananthapur District at Ananthapur.
3. The Joint Collector, Ananthapur District.
4. The Revenue Divisional Officer, Kalyandurg Mandal, Ananthapur District.
5. Tahsildar, Bommanahal Mandal Ananthapur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 in the nature of Writ of Mandamus declaring the action of 3rd one respondent in not deciding petitioners'appeal dt.04.01.2025 filed against the
Order dt. 16.12.2024 in D.Dis.No.B2/1274/2024 passed by the 4th respondent thereby cancelling authorisation of petitioner Fair Price Shop
No1202023 dealership at Kolaganahalli, Bommanahal Mandal, Ananthapur District, as illegal, arbitrary, violative of principles of natural justice and jprp^sions of Andhra Pradesh State Targeted (Public Distribution System) qontrol Order, 2018 and offends Articles 14 and 21 of Constitution of India consequently direct the 3rd respondent to decide her appeal i; accordance with law as expeditiously as possible by suspending the operation of said order dt 16.12.2024 passed by the 4th respondent. ancT!' in lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of Order dt. 16.12.2024 in D.Dis.No.B2/1274/2024 passed by the 4 respondent and consequently direct the respondents to continue the petitioner as Fair Price Shop Dealer for Shop No. 1202023 of Kolaganahalli, Bommanahal Mandal, Ananthapur District, pending disposal of the main Writ Petition. Counsel for the Petitioner: SMT. NIMMAGADDA REVATHI Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER
p> APHC010045862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 2732/2025 Between: B M Uma Devi ...PETITIONER AND The State Of Andhra Pradesh Rep By Its Principal Secretary and Others Counsel for the Petitioner: ...RESPONDENT(S)
1. NIMMAGADDA REVATHI Counsel for the Respondent(S):
1.GP FOR CIVIL SUPPLIES The Court made the following:
ORDER;- Heard Smt. Nimmagadda Revathi,
learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. Challenging the action of the respondent in not deciding the appeal filed by the petitioner, against the order of the 4^^ respondent dated 16.12.2024 in cancelling the authorization of petitioner’s Fair Price Shop
2.
2 located in Kolaganahalli Village, Bommanahal Mandal, Ananthapur District, the present writ petition is filed.
3. The petitioner has filed appeal before the 3'"'' respondent on 04.01.2025 against the order of cancellation. The learned counsel for the petitioner contends that the said appeal is filed along with the stay petition, however, the stay petition has not yet been disposed of. Learned Assistant Government Pleader for Civil Supplies contends that the appeal was filed on 04.01.2025. After filing of the said appeal, the Appellate Authority shall dispose of the same within 60 days. Therefore, the Authority is still having time to dispose of the appeal.
4.
5. Considered the rival submissions. Clause 24(b) of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, provides that the pending disposal of the appeal, the appellate authority has jurisdiction, to grant suspension of
6. the orders.
7. Having regard to the same, this Court is of the view that it is appropriate to direct the Appellate Authority to dispose of the stay petition filed along with the appeal within a period of two (2) weeks from the date of the receipt of the order. Accordingly, the writ petition is
disposed of directing the
8. appellate authority to dispose of the stay petition, in accordance with law. within a period of two (2) weeks from the date of the receipt of the order. There shall be no order as to costs.
3 As a sequel, interlocutory applications, pending if any, shall stand closed.
Sd/- N, NAGAMMA assistant registrar SECTlofl'oFRC^ //TRUE COPY// To
1. The Principal Secretary, Government, Civil Supplies Department Secretariat, Velagapudi, Amaravati, Guntur District.
2. The District Collector, Ananthapur District at Ananthapur.
3. The Joint Collector, Ananthapur District.
4. The Revenue Divisional Officer, Kalyandurg Mandal, L/loli lOl.
5. The Tahsildar, Bommanahal Mandal Ananthapur District.
6. One CC to Smt. Nimmagadda Revathi Advocate [OPUC]
7. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh.
8. Three CD Copies Ananthapur [OUT] TF
HIGH COURT DATED:05/02/2025
ORDER WP.No.2732 of 2025 X 2 5 FEB 2025 gi . Current 6ecuon ^5s£e«PATCH*S^ DISPOSING OF THE W.P., WITHOUT COSTS