IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 4737 OF 2025 Between: Bahatam Satyanarayana Raju, S/o Seetaramanjaneya Raju, Aged about 49 years, Occ: F.P. Shop Dealer, R/o Pillutia (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 circumstances stated 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. 1344/12/2024-A, dated 16.01.2025 of the Revenue Divisional Officer, Gurajala, Palnadu District along with the appeal on 01.02.2025 is arbitrary, illegal, without Jurisdiction and consequently direct the Respondents continue the Petitioner as Fair Price shop Dealer (F.P.Shop No.0705016) at Pillutia (Vil), Machavaram ^ Mandal, Palnadu District, pending the appeal before the Joint Collector; Narasaraopeta, Palnadu District. ■ %. rA:ND: 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 Respondents to supply the stock to the Petitioner for the F.P. Shop No. 0705016 at Pillutia village, Machavaram Mandal, Palnadu District (erstwhile Guntur District), pending disposal of the writ petition. Counsel for the Petitioner: SRI CH C KRISHNA REDDY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER APHC010085652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY ,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 4737/2025 Between: ...PETITIONER Bahatam Satyanarayana Raju AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner: 1.CH C 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 petition filed to suspend the proceedings Rc.No. 1344/12/2024-A, dated Divisional Officer, Gurajala, Palnadu District along with the appeal on 01.02.2025 is arbitrary, illegal, without jurisdiction and consequently direct the respondents to continue the petitioner as fair price shop dealer (F.P.Shop No.0705016) at Pillutia 16.01.2025 of the Revenue 2 WP No.4737of 2025 / $ Village, Machavaram Mandal, Palnadu District, pending the appeal before the Joint Collector, Narasaraopeta, Palnadu District. The case of the petitioner is briefly as follows: 2. The petitioner was appointed as a fair price shop dealer of shop Machavaram Mandal, Palnadu District from 22.12.2008. On 05.10.2024, 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 was given. No.0705016, Pillutia village Without conducting any enquiry, a notice in RC No. 1344/12/2024-G dated 13.12.2024 was issued by the 3'^^ respondent proposing to cancel the petitioner’s authorization. The petitioner submitted explanation on 23.12.2024 informing that the leave letter was not voluntarily submitted. However, the respondent issued proceeding Rc. No. 1344/12/2024-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 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. an 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 The learned Assistant Government Pleader for Civil Supplies submitted that he had no written instructions and prayed to pass appropriate orders. 4. Vi. 3 WP No.4737 of 2025 % 5. Perused the record. 6. As rightly contended by the petitioner, since a serious ground was taken in the explanation, a detailed enquiry is required. Moreover, 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 enquiry is prima facie illegal. Therefore the appellate authority ought to have passed the interim order. In view of the inaction, it is necessary to pass appropriate order. 7. In the result, the writ petition is disposed of suspending the proceedings Rc.No.1344/12/2024-A, dated 16.01.2025 of the Revenue Divisional Officer, Gurajala, Palnadu District pending the proceedings before the appellate authority. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. SD/- K. SRINIVASA RAJU ASSISTAN1\ ^EGiSTI^R OFFICER //TRUE COPY// SECJJ To, 1. The 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 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 TF HIGH COURT DATED:24/02/2025 ORDER WP.No.4737 of 2025 X 0 “I MAR OT OfW Co. ^ Curreiu aeciK>n DISPOSING OF THE W.P., WITHOUT COSTS