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2025 DAILYLAW 6940 (AP)

MYLA SATYANARAYANA v. THE STATE OF AP

WP/3554/2025 · 2025-02-10

B S Bhanumathi

body2025

Judgment text

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APHC010067652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY ,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 3554/2025 Between: Myla Satyanarayana ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 2 W.P.No.3554 of 2025 ORDER: The writ petition is filed under Article 226 of Constitution of India seeking the following relief: “…to issue writ order or orders or a direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the 3rd respondent vide Rc.E/302/2025, dt.27.01.2025 suspending the petitioner's dealership in respect of the fair price shop No.0805026, Chandavaram Village, Donakonda Mandal, Prakasam District, without assigning any valid reasons and without following the procedure as contemplated under A.P. State Targeted Public Distribution System (Control) Order, 2018 is illegal, arbitrary malafide and contrary to provisions of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018 apart from violation of the principles of natural justice and consequentially set aside the impugned order dt.27.01.2025 by directing the respondents to continue petitioner as fair price shop dealer as usual, and pass…” 02. The petitioner was appointed as a permanent dealer of fair price shop No.0805026, Chandavaram Village, Donakonda Mandal, Prakasam District, in the year 2019. 03. The learned counsel for the petitioner submitted that though the rice was available, but in a different kind of bag, which was duly explained by the dealer in his representation dated 01.02.2025, the impugned order suspending the dealership of the petitioner was passed by the 3rd respondent vide Rc.E/302/2025, dated 27.01.2025. 3 W.P.No.3554 of 2025 04. The learned Assistant Government Pleader for Civil Supplies placed on record the written instructions of the 3rd respondent dated 10.02.2025, reiterating the impugned order. 05. Considering the submissions made on both sides, since the commodity was available on ground, leaving it open to be enquired after giving due opportunity to the petitioner, the writ petition is disposed of by setting aside the impugned order dated 27.01.2025. However, the respondent authorities are at liberty to conclude the enquiry as per law and pass appropriate order without being influenced by the observations made in this Order. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S.BHANUMATHI Date: 10.02.2025 NSM 4 W.P.No.3554 of 2025 107 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 3554/2025 Date: 10.02.2025 NSM