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W.P.No.65982 o0f2 260:A23P HC:12612

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APHC010131812023

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3332]

(Special Original Jurisdiction)

THURSDAY,THE TWENTY NINETH DAY OF JANUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 6598/2023

Between:

1. PADAGALA RAMANA, S/O. SIMHACHALAM, AGED ABOUT 37

YEARS, R/O. SANTOSH NAGAR, VT AGRAHARAM, VIZIANAGARAM

TOWN AND MANDAL, VIZIANAGARAM DISTRICT.

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY,

CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT,

SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI,GUNTUR

DISTRICT.

2. THE COMMISSIONER, CIVIL SUPPLIES CORPORATION LTD., 4TH

AND 5TH FLOOR, H.NO.10-152/1, SRI SAI TOWERS, ASHOK

NAGAR, BESIDE SIRIS COMPANY, KANURU, BANDAR ROAD,

VIJAYAWADA, KRISHNA DISTRICT.

3. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT.

4. THE JOINT COLLECTOR, VIZIANAGARAM, VIZIANAGARAM

DISTRICT.

5. THE REVENUE DIVISIONAL OFFICER, VIZIANAGARAM DISTRICT.

6. THE THASILADAR, VIZIANAGARAM MANDAL, VIZIANAGARAM

DISTRICT.

7. ABOTHULAAPPALAKONDAMMA, W/O. NARAYANARAO, AGED

ABOUT 45 YEARS, R/O. NOT KNOWN TO THE PETITIONER, OCC.

FP SHOP DEALER, FP SHOP NO.94, BC COLONY, VIZIANAGARAM

TOWN AND DISTRICT

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W.P.No.65982 o0f2 260:2A3P HC:12612

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...RESPONDENT(S):

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 of mandamus or any other appropriate writ or direction

declaring the action of the 5th respondent in restoring the authorization of 7th

respondent vide proceedings Rc.No.1298/2018/A1, .M.28.02.2023 as Fair

price shop dealer, fair price shop No.0281094 of B.C.Colony, VT Agraharam,

Vizianagaram town and mandal, Vizianagaram District as illegal, arbitrary, and

in violation to the Andhra Pradesh State Targeted Public Distribution System

(Control) Order, 2018 and consequently set aside the proceedings

Rc.No.1298/2018/A1, Dt.28.02.2023 issued by the 5th respondent and restore

the authorization of the petitioner and pass

IA NO: 1 OF 2023

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

pleased to suspend the proceedings, Rc.No.1298/2018/A1, Dt.28.02.2023

issued by the 5th respondent in restoring (he authorization of the 7th

respondent to the fair price shop No.0281094 of B.C.Colony, VT Agraharam,

Vizianagaram town and mandal, Vizianagaram District pending disposal of the

writ petition and pass

Counsel for the Petitioner:

1. KANAKALA DEVI PRASANNAKUMAR

Counsel for the Respondent(S):

1. BONU RAMA SHANKAR RAO

2. GP FOR CIVIL SUPPLIES (AP)

The Court made the following:

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W.P.No.65982 o0f2 260:2A3P HC:12612

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ORDER

This writ petition is filed questioning the proceedings of respondent

no.5 vide Rc.No.1298/2018/ A1, dated 28.02.2023 restoring the authorization

of respondent no.7 as Fair Price Shop dealer of FP shop No.0281094 of

B.C.Colony, VT Agraharam, Vizianagaram Town., being arbitrary and in

violation of the provisions of the Andhra Pradesh Targeted Public Distribution

System (Control) Order, 2018.

2. Heard Sri K.Devi Prasanna Kumar, learned counsel for the petitioner,

Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies

and Sri Bonu Rama Shankar Rao, learned counsel for respondent no.7.

3. Sri K.Devi Prasanna Kumar, learned counsel for the petitioner, while

reiterating the contents of the writ petition would submit that consequent to

registration of case under Section 6A of the Essential Commodities Act against

the permanent FP shop dealer (respondent No.7) the petitioner was

appointed as temporary dealer of the subject shop and eversince the

petitioner had been supplying essential commodities to the cardholders. He

would further submit that respondent no.7 made representations to the

authorities for restoration of her dealership and questioning inaction in

disposing of the representations, respondent no.7 file