##PAGE1##

2025:APHC:60490

APHC010111662023

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY, THE TWENTY THIRD DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE V.SUJATHA

WRIT PETITION NO: 5650/2023

Between:

1. B ANDARU MASTAN RAO, S/O B. RAMANJANEYULU, AGED ABOUT

35 YEARS, OCC FAIR PRICE SHOP DEALER OF SHOP NO.

0816035, CHINA KOTHAPALLI VILLAGE, ADDANKI MANDAL,

BAPATLA DISTRICT. (OLD PRAKASAM DISTRICT

...PETITIONER

AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL

SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES

DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI,

GUNTUR DISTRICT.

2. T HE DISTRICT COLLECTOR, BAPATLA DISTRICT, BAPATLA.

3. T HE JOINT COLLECTOR AND APPELLATE AUTHORITY, BAPATLA

DISTRICT, BAPATLA

4. T HE REVENUE DIVISIONAL OFFICER, CHIRALA DIVISION,

CHIRALA, BAPATLA DISTRICT

5. T HE ENFORCEMENT DEPUTY TAHSILDAR, , ADDANKI MANDAL,

ADDANKI, BAPATLA DISTRICT (OLD PRAKASAM DISTRICT)

...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 an appropriate Writ, Order or Direction, more particularly one

in the nature of Writ of Mandamus, declaring the action of the 4th respondent

2

2025V:AS,PJ HC:60490

W.P.No.5650 of 2023

in issuing proceedings vide Rc. No. H/119/2022 dated 26-09-2022 wherein

cancelled the petitioner authorization of Fair Price Shop Dealership of Shop

No. 0816035, China Kothapalli Village, Addanki Mandal, Bapatla District (Old

Prakasam District) and the consequential appeal order passed by the 3rd

respondent in Appeal Case No. 02(02)/2022/CS/BPT dated 10-02-2023,

wherein dismissing the appeal filed by the petitioner mechanically without

conducting proper enquiry is illegal, arbitrary and unjust and consequently set

aside the same by directing the respondents permit the petitioner to distribute

the essential commodities 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 pass orders by directing the respondents to continue the petitioner

as Fair Price Shop Dealer of Shop No. 0816035, China Kothapalli Village,

Addanki Mandal, Bapatla District (Old Prakasam District) by suspending the

proceedings vide Rc. No. H/119/2022 dt. 26-09-2022 issued by the 4th

respondent and consequential appeal order passed by the 3rd respondent in

Appeal Case No. 02(02)/2022/CS/BPT dated 10-02-2023, pending disposal of

the main Writ Petition, and pass

IA NO: 2 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 vacate the interim order dated 07-03-2023 passed in WP.No. 5650

of 2023 and dismiss the Writ Petition and pass

Counsel for the Petitioner:

1. KAVITHA GOTTIPATI

Counsel for the Respondent(S):

1. GP FOR CIVIL SUPPLIES

The Court made the following:

3

2025V:AS,PJ HC:60490

W.P.No.5650 of 2023

ORDER:

The present Writ Petition came to be filed under Article 226 of the

Constitution of India seeking the following relief:-

“… to issue an appropriate Writ, Order or Direction, more

particularly one in the nature of Writ of Mandamus, declaring

the action of the 4th respondent in issuing proceedings vide Rc.

No. H/119/2022 dated 26-09-2022 wherein cancelled the

petitioner authorization of Fair Price Shop Dealership of Shop

No. 0816035, China Kothapalli Village, Addanki Mandal,

Bapatla District (Old Prakasam District) and the consequential

appeal order passed by the 3^rd respondent in Appeal Case No.

02(02)/2022/CS/BPT dated 10-02-2023, wherein dismissing the

appeal filed by the petitioner mechanically without conducting

proper enquiry is illegal, arbitrary and unjust and consequently

set aside the same by directing the respondents permit the

petitioner to distribute the essential commodities ….”

2. Brief facts of the case are as follows:

a)