IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 4723 OF 2025 Between: Alapati Jhansi Rani, W/o Daniel Joseph, Aged about 58 years, Occ: F.P. Shop Dealer, R/o Morjampadu(Village), Machavaram Mandal, Palnadu District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. 2. The Joint Collector, Narasaraopeta, Palnadu District. (Erstwhile Guntur District) 3. The Revenue Divisional Officer, Gurajala, Palnadu District. (Erstwhile Guntur District) 4. The Tahsildar, Machavaram Mandal, Machavaram, Palnadu District (Erstwhile Guntur District) ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstancesstated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Joint Collector, Narasaraopeta, Palnadu District in not passing any order in the suspension petition filed to suspend the proceedings Rc.No.1344/16/2024-A, 16.01.2025 of the Revenue Divisional Officer, Gurajala, Palnadu District along with the appeal dated 01.02.2025 is arbitrary, illegal, without r Jurisdiction and consequently direct the Respondents Petitioner as Fair Price shop Dealer (F.P. Shop No.0705009) at Morjampadu (Vil), Machavaram Mandal, Palnadu District, pending the appeal before Joint Cpllector, Narasaraopeta, Palnadu District. to continue the the r % — rt r Kt. 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 to direct the Respondents to supply the stock to the Petitioner the F.P. Shop No. 0705009 at Morjampadu village, Machavaram Mandal Palnadu District (erstwhile Guntur District), pending disposal petition. Counsel for the Petitioner: SRI CH. C. KRISHNA REDDY Counsel for the Respondent Nos.1 to 4: GP FOR CIVIL SUPPLIES The Court made the following: ORDER for of the writ VJ APHC010085672025 IN THE HIGH COURT OF ANDHRA PRADESK AT AMARAVATI (Special Original Jurisdiction) [3311] 0?? MONDAY ,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 4723/2025 Between: ...PETITIONER Alapati Jhansi Rani AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner: 1.CHC KRISHNA REDDY 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 the Constitution of India to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the Joint Collector, Narasaraopeta, Palnadu District in not passing any order in the suspension petition filed to suspend the proceedings Rc.No.1344/ 16.01.2025 of the Revenue Divisional Officer, Gurajala, 16/2024-A, Palnadu District along with the appeal dated 01.02.2025 is arbitrary, illegal,^wl?hout Jurisdiction and consequently direct the Respondents to Fair Price shop Dealer (F.P.Shop continue the Petitioner as 2 WP No.4723 of 2025 No.0705009) at Morjampadu (Vil), District, pending the appeal before the Joint Collector, Narasaraopeta, Palnadu District Machavaram Mandal, Palnadu 2. The case of the petitioner is briefly as follows: The petitioner was appointed as a fair price shop dealer of shop No.0705009, Morjampadu village, Machavaram Mandal, Palnadu District from 03.04.1994. On 04.10.2024, a leave letter was forcibly taken from the petitioner by the 4'^ respondent and other staff threatening that a criminal case would be foisted, if not the letter Without conducting any enquiry was given. a notice in RC No. 1344/16/2024-G dated 13.12.2024 was issued by the 3'^'^ respondent proposing to cancel the petitioner’s authorization. The petitioner was However, the 3'”'^ respondent issued proceeding Rc.No. 1344/16/2024-A dated 16.01.2025 cancelling the petitioner’s authorization. The reason stated in the said proceeding that the petitioner was absent is incorrect. Aggrieved by the proceeding dated 16.01.2025, the petitioner filed an appeal before the 2 respondent. So far, the appellate authority has not passed any order suspending the order impugned in the appeal. Hence, this writ petition is filed having no other alternative. submitted explanation on 23.12.2024 informing that the leave letter not voluntarily submitted. nd 3. The learned counsel for the petitioner submitted that the fact that the leave letter was obtained under force had not been enquired by the 3'^^ respondent and therefore, an appeal was filed before the 2 respondent, but no interim order suspending the impugned order was passed by the appellate authority inspite of apparent error in the impugned order. nd 3 WP No.4723 of 2025 4. The learned Assistant Government Pleader for Civil Supplies submitted that he had appropriate orders. Perused the record. As rightly contended by the petitioner, since a serious ground was taken in the explanation, a detailed enquiry is required, submission of explanation was not referred at all in the impugned order cancelling the authorization. Therefore, the impugned order passed without considering the explanation and conducting facie illegal. Therefore the appellate authority ought to have passed the interim order. In view of the inaction, it is order. 7. In the result, the writ petition is disposed of suspending the proceedings Rc.No.1344/16/2024-A, dated 16.01.2025 Divisional Officer, Gurajala, Palnadu District pending the before the appellate authority. There shall be no order as to costs. As a sequel, miscellaneous applications pending, stand closed. no written instructions and prayed to pass 5. 6. Moreover, enquiry is prime necessary to pass appropriate of the Revenue proceedings if any, shall SD/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SEcf& OFFICER To, 1. The Principal Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District Pradesh State. 2. The Joint Collector, Narasaraopeta, Palnadu District. (Erstwhile Guntur District) 3. The Revenue Divisional Officer, Gurajala, Palnadu District. Guntur District) Andhra (Erstwhile 4. The Tahsildar, Machavaram Mandal, Machavaram, Palnadu District (Erstwhile Guntur District) 5. One CC to Sri Ch. C. Krishna Reddy, Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb HIGH COURT CC DATED:24/02/2025 ORDER WP.No.4723 of 2025 W X 0 “I MAR 2r25 S O .^j ^ Current aeciion DISPOSING OF THE W.P. WITHOUT COSTS