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: 465R DF 2025 Between: Talari Naraiah. S/o Abraham, Aged about 39 years, Occ; F.P. Shop Dealer, R/o Mallavolu (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. Guntur District) 4. The Tahsildar, Machavaram Mandal, Machavaram (Erstwhile Guntur District) (Erstwhile Palnadu 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 one a Writ, order or direction more particularly 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. 1344/04/2024- 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 to continue the Petitioner as Fair Price shop Dealer (F.P.Shop No.0705036) at Mallavolu (Vil), Machavaram Mandal, Palnadu District, pending the appeal before the Joiqt^ollector, Narasaraopeta, Palnadu District. tJmOi 4\0F 2025 <1 >•> ■t f... •f ‘vV.1i. 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. 0705036 at Mallavolu 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 APHC010085702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■ I [3311] MONDAY ,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 4658/2025 Between: ...PETITIONER Talari Naraiah 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 petition Rc.No.1344/04/2024-A, dated filed to suspend the proceedings 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 to continue the petitioner as fair price shop dealer (F.P.Shop No.0705036) at Mallavolu L 2 WP No.4658 of 2025 (Vil), 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 No.0705036, Mallavolu (Vil), from 15.10.2011. 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. Without conducting any enquiry, a notice in RC No.1344/04/2024-G dated 13.12.2024 was issued by the 3'^^ respondent proposing to cancel the petitioner’s authorization. The petitioner submitted explanation 23.12.2024 informing that the leave letter was not voluntarily submitted. However, the 3^^^ respondent issued proceeding Rc.No.1344/04/202 4-A dated 16.01.2025 cancelling the petitioner’s authorization. The on 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 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. 3. 4. The learned Assistant Government Pleader for Civil Supplies representing the respondents placed on record the written instructions of the Joint Collector, Palnadu District dated 19.02.2025 and submitted 3 WP No.4658of 2025 that an appeal petition is under hearing and a notice had been issued to the appellant to attend for hearing on 01.03.2025 and the 3 respondent, Gurazala also was directed to submit remarks on the grounds of the appeal petition along with connected records in this Court. rd 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. The written instructions do not deny submission of the explanation. 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.1344/04/2024-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 ASSISTAN //TRUE COPY// . SE^OffoFFICER EGISTRAR To, ^ Secretary, Civil Supplies Department elagapudi, Amaravathi, Guntur District, Andhra Pradesh 2. The Joint Collector, Narasaraopeta District) 3. The Revenue Divisional Officer Guntur District) 4. Tahsildar, Machavaram Mandal (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 7. Three CD Copies Secretariat, State. Palnadu District. (Erstwhile Guntur Gurajala, Palnadu District. (Erstwhile Machavaram, Palnadu District Pradesh. [OUT] TF idyiililli HIGH COURT DATED:24/02/2025 ORDER WP.No.4658 of 2025 '* 0 “I MAK 2025 % *V ^ . Curreni aaciRLin . ^ DISPOSING OF THE W.P., WITHOUT COSTS k.