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High Court of Andhra Pradesh · body

2025 DAILYLAW 8174 (AP)

Smt. Thummaluru Aruna, v. The State of Andhra Pradesh,

WP/4637/2025 · 2025-02-24

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) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT / THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 4637 OF 202fi ■/ Between: Smt. Thummaluru Aruna, W/o Bhaskar Reddy, Aged about 51 FP Shop Dealer, Shop. No. 1119017, R/o Ramanuthalapalli Village Lingala-Mandal, Y S R Kadapa District. years, Occ: ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Consumer Affairs and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Revenue Divisional Officer, Pulivendula Division, Y S R Kadapa District. 3. The Tahsildar, Lingala Mandal, Y S R Kadapa District. ...RESPONDENTS praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus Order or direction declaring the action of the respondents 2"'^ and 3"'^ in not supplying the essential commodities to the petitioner fair price shop No. 1119017 situated at Ramanuthalapalli Village, Lingala Kadapa District without there being authorization is illegal, arbitrary and violation of principles of natural justice consequently direct the 2nd and 3rd respondents to supply the commodities to the petitioner Fair Price Shop No. 1119017 situated at Petition under Article 226 of the Constitution of India or any other appropriate Writ Mandal, Y S R any suspension or cancellation of essential > Ramanulhalapalli Village, LIngala enabling him to supply to the card holders. Mandal, Y S R Kadapa District by lA NO: 1 OF Petition under Section 151 CPC stated in the affidavit filed i pleased to direct the 2"^^ praying that in the circumstances in support of the petition, the High Court may be essential & commodities to the petitioner Fair Ramanulhalapalli Village, Lingala enabling him to supply to the Writ Petition. respondents to supply the Price Shop No.1119017 situated Mandal, Y S R Kadapa District card holders pending disposal of the at by above Counsel for the Petitioner: SRI K. Counsel for the Respondent Nos. The Court made the following: ORDER SRINIVAS 1 to 3: GP FOR CIVIL SUPPLIES V IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) APHC010086562025 [3311] MONDAY ,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 4637/2025 Between: Smt.Thummaluru Aruna ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.K SRI NIVAS Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: ORDER: This Writ Petition under Article 226 of Constitution of India is filed for the following relief: “...to issue a writ of mandamus or any other appropriate writ order or direction declaring the action of thre respondents 2"'^ and 3^^ in not supplying the essential commodities to the petitioner fair price shop No. 1119017 situated at Ramanuthalapalli Village, f 2 BSB,J W.P.No.4637of2025 Lingala mandal, Y.S.R Kadapa District without there being any suspension or cancellation of authorization is illegal arbitrary and violation of principles of natural justice consequently direct the 2'^'^ and 3'^^ respondents to supply the essential commodities to the petitioner fair price shop No. 1119017 situated at Ramanuthalapalli Village, Lingala Mandal, Y.S.R Kadapa District by enabling him to supply to the card holders and pass other order or orders...” The case of the petitioner is briefly as follows: The petitioner was dealer of the fair price shop No.1119017, Ramanuthalapalli village, Lingala mandal, YSR Kadapa district having been appointed in the year 2016. On 02.02.2023, the petitioner submitted an explanation to the Tahsildar that the petitioner along with her husband, had been to America for two months from 09.10.2023 to 02.12.2023 to assist their pregnant daughter. Later, the 3^^ respondent considered the representation and granted two months leave. During this period. Village Revenue Assistant distributed the commodities to avoid inconvenience. The petitioner approached the 2"^ respondent on 02.12.2023 to restore the dealership, however, no action has been taken. Hence, this writ petition was filed. 2. The learned counsel for the petitioner submitted that without any disciplinary action taken, the supply of the commodities cannot be stopped. 3. 3 N Z*' BSB,J W.P.No.4637of2025 The learned Assistant Government Pleader submitted that the petitioner is entitled to leave for a period of two months only on the ground of ill-health and if the leave period is more than two months, the vacancy shall be filled by issuing notification as per clause XII (x) of the G.O.Ms.No.32 CA, FC &S, dated 03.12.2018, treating it as resignation. He further submitted that the letter said to have been given for restoration of the dealership was addressed to the Tahsildar who is incompetent, being not the appointing authority. 4. The learned counsel for the petitioner submitted that an opportunity may be given to the petitioner to submit a fresh representation to the appointing authority ie., the Revenue Divisional Officer. 5. In view of the above facts and circumstances, the writ petition is disposed of giving liberty to the writ petitioner to submit a fresh representation within one month from receipt of the copy of this order to the appropriate authority who shall dispose of the same within one month thereafter as per law. There shall be no orders as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. 6. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Consumer Affairs and Civil Supplies Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Revenue Divisional Officer, Pulivendula Division, Y S R Kadapa District. 3. The Tahsildar, Lingala Mandal, Y S R Kadapa District. 4. One CC to Sri K. Srinivas, Advocate [OPUC] 5. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ✓ ssb ✓ . HIGH COURT DATED:24/02/2025 ORDER S’ 12 MAR 2025 ^ . Current Section ^ %4oesPATCtSS^ WP.No.4637 of 2025 *9, DISPOSING OF THE W.P. WITHOUT COSTS