APHC010215352020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14195/2020 Between:

1. S RI M.MAHAMMED SHAMSHUDDIN,, S/O. LATE M.NAZEER AHAMMED AGE 42 YEAR OCC F.P.SHOP DEALER, F.P.SHOP NO.1332001, R/O. GANI VILLAGE, GADIVEMULA MANDAL, KURNOOL DISTRICT ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. T HE JOINT COLLECTOR CIVIL SUPPLIES, KURNOOL, KURNOOL DISTRICT.

3. T HE TAHSILDAR C S, GADIVEMULA MANDAL, KURNOOL DISTRICT 4. T HE DISTRICT COLLECTOR AND MAGISTRATE CIVIL SUPPLIES, KURNOOL, KURNOOL DISTRICT R4 IS IMPLEADED AS PER THE ORDER OF THIS COURT, DT.01.08.2023 VIDE ORDER PASSED IN I.A1 OF 2023.

...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 topleased to issue an appropriate writ order or direction, more particularly one in the nature of writ of mandamus, declaring the action of the 2nd respondent in cancelling the petitioners Authorization as Fair Price Shop Dealer for Shop No.1332001 of Gani Village of Gadivemula Mandal, Kurnool District basing on the 6A report and the consequential proceedings of the 4th respondent vide Proc.CS3/112/2020, dated.15.10.2020, confirming the cancellation order passed by the 2nd respondent, as illegal, arbitrary and unjust and consequently set aside the proceedings of the 2nd respondent vide Roc.No.CS3/116/2020 dated 29.07.2020 and the consequential proceedings of the 4th respondent vide Proc.CS3/112/2020, dated 15.10.2020 and direct the respondents to continuing the petitioner as fair price shop dealer to the F P Shop No 1332001 of Gani Village, Gadivemula Mandal, Kurnool District. and to pass Prayer is amended as per the Order of this Court, Dt.01.08.2023, vide order passed in I.A.2 of 2023.

IA NO: 1 OF 2020 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 Roc. No. CS3/116/2020, dated 29.07.2020 of the 2nd respondent by supplying the Essential Commodities to the petitioner’s fair price shop dealer to the F.P. Shop No. 1332001 of Gani Village, Gadivemula mnadal, Kurnoll District pending disposal of the above writ petition 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 permit the petitioner herein to implead the proposed respondent herein as 4th respondent in WP.No.14195 of 2020 as well as in IA.No.1 of

2020, to meet the ends of justice and to 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 permit the petitioner herein to amend the main prayer in WP.No.14195 of 2020 as; "declaring the action of the 2nd respondent in cancelling the petitioner's Authorization as Fair Price Shop Dealer for Shop No.1332001 of Gani Village of Gadivemula Mandal, Kurnool District basing on the 6A report and the consequential proceedings of the 4th respondent vide Proc.CS3/112/2020, dated 15-10-2020, confirming the cancellation order passed by the 2nd respondent, as illegal, arbitrary and unjust and consequently set aside the proceedings of the 2nd respondent vide Roc.No.CS3/116/2020 dated 29-07-2020 and the consequential proceedings of the 4th respondent vide Proc.CS3/112/2020, dated 15-10-2020, and direct the respondents to continuing the petitioner as fair price shop dealer to the F P Shop No 1332001 of Gani Village, Gadivemula, mandal, Kurnool District. Instead of "declare the a