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High Court of Andhra Pradesh · body

2025 DAILYLAW 6866 (AP)

T RATNAMMA v. THE STATE OF AP

WP/3577/2025 · 2025-02-19

B S Bhanumathi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 3577 OF 2025 Between: T Ratnamma, W/o T.Narasimhulu, Aged about 59 years, Occ. Fair Price Shop Dealer, R/o.D.No.3/428/17, Bahujan Nagar, Chinna Chowk, Kadapa Town and Mandal, Y.S.R. District. ...PETITIONER AND 1. The State of AP rep., by its Principal Secretary, Civil Supplies Department, Secretariat Buildings, Velagapudi Andhra Pradesh. 2. The District Collector, Kadapa, Y.S.R. District. 3. The District Supply Officer, Y.S.R District, Kadapa. 4. The Revenue Divisional Officer, Kadapa Revenue Y.S.R. District. Division Kadapa 5. The Tahsildar, Kadapa Mandal, Y.S.R. District. 6. The Deputy Tahsildar, Kadapa Mandal, Y.S.R. District. 7. The Mandal Revenue Inspector, Kadapa Mandal Y.S.R. 8. The Village Revenue Officer, Putlampalli District. 9. The Station House Officer. RIMS Police Station Mandal, Y.S.R. District. District. Kadapa Mandal, Y.S.R. Kadapa Town and ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.5 in refusing to allot the essential commodities to the Fair Price Shop No.1131119, Bahujan Nagar, Kadapa Town and Mandal, Y.S.R. District stating that he has communicated the proceedings in Ref; CS/241/2025, dated 30.01.2025 to the respondent No.3 stating that my authorization is placed under suspension by the respondent No.4 and requesting him to allot the essential commodities to the respondent No.8, without there being any reference whatsoever as to when my authorization was placed under suspension and that too without serving any such suspension proceedings as arbitrary, illegal, colorable exercise of power, contrary to the provisions of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 and also the well settled legal principles apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and I consequently direct the respondent No.5 allot the essential commodities in my favour in so for as the Fair Price Shop No. 1131119, Bahujan Nagar; Kadapa Town and Mandal, Y.S.R. District is concerned by setting aside the proceedings in Ref. CS/241/2025, dated 30.01.2025 communicated by him; 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 direct the respondent No.5 allot the essential commodities in my favour in so for as the Fair Price Shop No! 1131119, Bahujan Nagar, Kadapa Town & Mandal, Y.S.R. District is concerned without referring to the proceedings in Ref.CS/241/2025, dated 30.01.2025 communicated by him, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI V R REDDY KOWURI Counsel for the Respondent Nos. 1 to 8: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.9: GP FOR HOME The Court made the following: ORDER APHC010065962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 3577/2025 Between: ...PETITIONER T Ratnamma AND ...RESPONDENT(S) The State of AP and others Counsel for the Petitioner; 1.VR REDDY KOVVURI Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following Order: This writ petition is filed under Article 226 of Constitution of India seeking the following relief: “...pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.5 in refusing to allot the essential commodities to the Fair Price Shop No.1131119, Bahujan Nagar, Kadapa Town and Mandal, Y.S.R District stating that he has communicated the proceedings in Ref.CS/241/2025, dated 30.01.2025 to the respondent No.3 stating that my authorization is W.P.No.3577 of 2025 placed under suspension by the respondent No.4 and him to allot the essential commodities to the without there being any reference whatsoever authorization was placed under suspension and that too without serving any such suspension proceedings as arbitrary, illegal, colorable exercise of requesting respondent No.8, as to when my power, contrary to the provisions of the Andhra Pradesh State Targeted Public Distribution (Control) Order, 2018 and also the well settled legal principles apart from being violative of the fundamental rights guaranteed me under Articles 14, 19 and 21 of the Constitution of India consequently direct the respondent No.5 allot the System to and essential commodities in my favour in so for as the Fair Price Shop No.1131119, Bahujan Nagar, Kadapa Town and Mandal District is concerned by setting aside the proceedings i Ref.CS/241/2025, dated 30.01.2025 Y.S.R in communicated by him and pass... The petitioner was appointed as temporary dealer of the fair price shop No.1131119, Bahujan Nagar, Kadapa Town & Mandal, Y.S.R. District by the 4*^ respondent vide proceeding Ref. C/1827/2013, dated 15.06.2013. 02. 03. The learned counsel for the petitioner submitted that under the guise of a little variation of the stock of fortified rice by 1.9%, though law permits variation up to 1.5% per month, the respondent authorities the commodities to the petitioner without there being any disciplinary action. are not supplying 04. The learned Assistant Government Pleader for the Civil Supplies placed on record the written instructions vide Ref. No.C/3/2025, dated 16.02.2025. and submitted that the authorization of the petitioner had the Revenue Divisional Officer, Kadapa CVOSA/3/2025/SA(C1)-RDO-KDP, dated 29.01.2025. been suspended by vide proceeding RDOKDP- V 3 W.P.No.3577 of 2025 05. In view thereof, the learned counsel for the petitioner sought permission of this Court to withdraw the present writ petition with liberty to file a fresh writ petition to challenge the said order suspending the authorization of the petitioner by the Revenue Divisional Officer, Kadapa, vide proceeding RDOKDP-CVOSA/3/2025-SA(C1)-RDO-KDP, dated 29.01.2025. 06. In the result, the writ petition is dismissed as withdrawn, with liberty as prayed for. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// ‘ SECTION OFFICER To. 1. The Principal Secretary, Civil Supplies Buildings, Velagapudi Andhra Pradesh. 2. The District Collector, Kadapa, Y.S.R. District. 3. The District Supply Officer, Y.S.R District, Kadapa. 3^0 Divisional Officer, Kadapa Revenue Y.S.R. District. 5. The Tahsildar, Kadapa Mandal, Y.S.R. District. 6. The Deputy Tahsildar, Kadapa Mandal, Y.S.R. 7. The Mandal Revenue Inspector, Kadapa Mandal Y.S.R. District. 8. The Village Revenue Officer, Putlampalli District. 9. The Station House Officer, RIMS Police Station Mandal, Y.S.R. District. 10. One CC to Sri V R Reddy Kovvuri Advocate [OPUC] 11. Two CCs to GP for Civil Supplies, High Court of Andhra 12. Two CCs to GP for Home, High Court of Andhra 13. Three CD Copies Department, Secretariat Division Kadapa, District. Kadapa Mandal, Y.S.R. Kadapa Town and Pradesh. [OUT] Pradesh. [OUT] TF HIGH COURT DATED: 19/02/2025 ORDER WP.No.3577 of 2025 £? 18 MAR 2025 S ^ . Cumin seciion ^>LoespKtcv>^!^ DISMISSING THE W.P. AS WITHDRAWN, WITHOUT COSTS