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2025 DAILYLAW 8875 (AP)

Mortha Varaprasad, v. The State of A.P.,

WP/5025/2025 · 2025-07-24

T C D Sekhar

body2025

Judgment text

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• hh APHC010097032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 5025 OF 2Q2fi Between: Mortha Varaprasad, S/o.Venkatarao, Aged about 47 Years, Occ- Operator, EG40012, Vehicle Registration Number AP 39TR 2247, D.No.4-165, Ambedkar Colony, Venturu Village, Rayavaram Mandal Dr.Br.Ambedkar Konaseema District, MDU R/o. ...Petitioner AND 1. The State of A P, Rep. by its Principal Secretary, Consumer Affairs Food and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector (Civil Supplies), Amalapuram, Dr.Br.Ambedkar Konaseema District. 3. Revenue Divisional Officer, Ramachandrapuram Konaseema District. 4. The Tahasildar, Rayavaram Mandal, Dr.Br.Ambedkar Konaseema District. 5. Sri Vemagiri Ramesh, S/o. Ramana, R/o.Venturu Village, Rayavaram Mandal, Dr. Br.Ambedkar Konaseema District, Dr.Br.Ambedkar ...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 an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the order Vide Ref.B4/1070/2023, dt- 06.05.2024, passed by the Revenue the Divisional Officer, Ramachandrapuram, Dr.B.R.Ambedkar Konaseema District, 3rd respondent herein, keeping the authorization of the petitioner for MDU Operator EG40012, (Vehicle Registration Number AP 39TR 2247) Venturu Village, Rayavaram Mandal, Dr.Br.Ambedkar Konaseema District under suspension without fixing the period of suspension, without issue any show cause notice as illegal, arbitrary unjust and contrary to the provisions of A.P. state targeted Public Distribution System (Control) Order, 2018 and also violative of Articles 14 ^9(^)(9) 3nd 21 of the Constitution of India and set aside the same and consequently direct the respondents to allow the petitioner as MDU Operator to release the essential commodities to the Card holders. lA 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 allow the petitioner as MDU Operator EG40012, (Vehicle Registration Number AP 39TR 2247) Venturu Village, Rayavaram Mandal, Dr.Br.Ambedkar Konaseema District by suspending the order of the 3rd respondent passed Vide Ref.B4/1070/2023, dt; 06.05.2024, Pending disposal of the above Writ Petition. lA NO: 2 OF 2Q2fi Between: Sri Vemagiri Ramesh, S/o. Ramana, R/o.Venturu Village, Rayavaram Mandal, Dr. Br.Ambedkar Konaseema District, ...Petitioner AND / 1. Mortha Varaprasad, S/o.Venkatarao, Aged about 47 Years, Occ- MDU Operator, EG40012, Vehicle Registration Number AP 39TR 2247 D.No.4-165, Ambedkar Colony, Venturu Village, Rayavaram Mandal, Dr.Br.Ambedkar Konaseema District. , R/o. ...Writ Petitioner Consumer Affairs Food and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The District Collector (Civil Supplies), Amalapuram, Dr.Br.Ambedkar Konaseema District. 4. Revenue Divisional Officer, Ramachandrapuram Konaseema District. 5. The Tahasildar, Rayavaram Mandal, Dr.Br.Ambedkar Konaseema District. 2. The State of A P, Rep. by its Principal Secretary Dr.Br.Ambedkar ...Respondents/ Respondents 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 vacate the interim order dated 10-3-2025 passed in I.A No.1 of 2025 in W.P 5025 of 2025 in the interest of Justice. Counsel for the Petitioner: SRI RAJU GUBBALA Counsel for the Respondent No.5: SRI P VIVEK Counsel for the Respondent Nos. 1 to 4: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010097032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 5025/2025 Between; 1.MORTHA VARAPRASAD,, S/O.VENKATARAO, AGED ABOUT 47 YEARS, OCC- MDU OPERATOR, EG40012, VEHICLE REGISTRATION NUMBER AP 39TR 2247, RJO. D.NO.4-165, AMBEDKAR COLONY, VENTURU VILLAGE, RAYAVARAM MANUAL, DR.BR.AMBEDKAR KONASEEMA DISTRICT, ...PETITIONER AND 1.THE STATE OF A P, REP. BY ITS SECRETARY, CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR CIVIL SUPPLIES, AMALAPURAM DR.BR.AMBEDKAR KONASEEMA DISTRICT. 3. REVENUE DIVISIONAL OFFICER, RAMACHANDRAPURAM, DR.BR.AMBEDKAR KONASEEMA DISTRICT. 4.THE TAHASILDAR, RAYAVARAM MANUAL, DR.BR.AMBEDKAR KONASEEMA DISTRICT. 5.SRI VEMAGIRI RAMESH, S/0. RAMANA, R/O.VENTURU VILLAGE, RAYAVARAM MANDAL, DR. BR.AMBEDKAR KONASEEMA DISTRICT, ...RESPONDENT(S): 2 TCDS.J W.P.NO.S02S of 2025 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 tomay be pleased to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the order Vide Ref.B4/1070/2023, dt- 06.05.2024, passed by the Revenue the Divisional Officer, Ramachandrapuram, Dr.B.R.Ambedkar Konaseema District. 3rd respondent herein, keeping the authorization of the petitioner for MDU Operator EG40012,(Vehicle Registration Number AP 39TR 2247) Venture Village, Rayavaram Mandal, Dr.Br.Ambedkar Konaseema District under suspension without fixing the period of suspension, without issue any show cause notice as illegal, arbitrary unjust and contrary to the provisions of A.P. state targeted Public Distribution System (Control) Order, 2018 and also violative of Articles 14, 19(1 )(g) and 21 of the Constitution of India and set aside the same and consequently direct the respondents to allow the petitioner as MDU Operator to release the essential commodities to the Card holders and to pass \ lA 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 may be pleased to direct the respondents to allow the petitioner as MDU Operator EG40012,(Vehicle Registration Number AP 39TR 2247) Venture Village, Rayavaram Mandal, Dr.Br.Ambedkar Konaseema District by suspending the order of the respondent passed Vide Ref.B4/1070/2023, dt; 06.05.2024, Pending disposal of the above Writ Petition and pass lA NO: 2 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 vacate the interim order dated 10-3-2025 passed in I.A No.1 of 2025 in W.P 5025 of 2025 in the interest of Justice and pass Counsel for the Petitioner: 1.RAJU GUBBALA Counsel for the Respondent(S): 1.P VIVEK 2.GP FOR CIVIL SUPPLIES The Court made the following: 3 TCOSJ W.P.No.5025 of 2025 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 5025 of 2025 ORDER: The present Writ Petition is filed questioning the order dated 06.05.2024 passed by the 3^^ respondent, whereunder the authorization of the petitioner as MDU Operator EG40012 of Venturu village, Rayavaram Mandal, Dr.B.R.Ambedkar Konaseema District was suspended. 2. This Court by order dated 10.03.2025, suspended the impugned order in the writ petition. Thereafter, the interim order got extended till the next date of hearing. Today, when the matter is taken up for hearing, it is brought to the notice of this Court that the Government issued G.O.Ms.No.5, Civil Supplies Department, dated 23.05.2025, whereunder the Government has withdrawn the services of MDU Operators, while allowing the MDU Operators to retain the vehicles, which used for distribution of essential commodities. In view of the withdrawal of services of MDU Operators, by virtue of the executive fiat referred to herein above, the cause in the present writ petition does not survive. Accordingly, the writ petition is dismissed as infructuous. No further orders are required to be passed. 4 TCDS.J W.P.No.5025of2025 3. Be that as it may. The learned counsel for the respondent No.5 would submit that the respondent No.5 was appointed as MOL) Operator in respect of the fair price shop in dispute, thereafter, his authorization was suspended and the petitioner was appointed as incharge dealer in his place. He would further submit that after enquiry, the 2^^ respondent by order dated 28.03.2024, imposed penalty for the irregularities committed by respondent No.5 and accordingly, the said amount was paid on 20.04.2024 by the respondent No.5. It is the specific case of the respondent No.5 that suppressing the proceedings initiated against the respondent No.5, the petitioner approached this Court and obtained interim order. By virtue of interim order passed by this Court, the vehicle was handed over to the petitioner and the same is in his custody. He would further submit that despite order dated 28.03.2024 passed by the 2^^ respondent, the vehicle is transferred in favour of 5^^ respondent. This Court is not inclined to go into the merits of the matter. It is the specific case of the writ petitioner that he has paid certain amounts towards the cost of vehicle at the time of his appointment. Taking into consideration of the submissions made by the learned counsel for the petitioner and the learned counsel for the respondent No.5 and the learned Assistant Government Pleader for Civil Supplies, this Court feels that it is appropriate to direct the 2^^ respondent to 5 TCDSJ W.P.NO.S02S of 2025 conduct an enquiry and pass appropriate orders as who is entitle to have the custody of the vehicle bearing registration No.AP 39 TR 2247. It is further directed that the 2^^ respondent shall issue notice to the petitioner and to the respondent No.5 and after affording an opportunity of hearing to them, pass appropriate orders within a period of six weeks from the date of receipt of copy of this order. In view of the peculiar facts and circumstances, the 2^^ respondent is forthwith directed to take custody of the vehicle in dispute bearing registration No.AP 39 TR 2247 till passing of the aforesaid order. 4. Accordingly, this writ petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- V DIWAKAR DEPUTY REGISTRAR //TRUE COPY// c^b^Tofrcer SE To, 1. The Secretary, Consumer Affairs Food and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector Civil Supplies, Amalapuram, Dr.Br.Ambedkar Konaseema District. The Revenue Divisional Officer, Ramachandrapuram, Dr.Br.Ambedkar Konaseema District. The Tahasildar, Rayavaram Mandal, Dr.Br.Ambedkar Konaseema District. One CC to Sri Raju Gubbala Advocate [OPUC] One CC to Sri P Vivek Advocate [OPUC] Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 8. Two CD Copies 3. 4. 5. 6. 7. HIGH COURT DATED:25/07/2025 ORDER WP NO. 5025 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS