HIGH COURT OF ANDHRA PRADESH
RAVI CHEEMALAPATI
ABOTHULA UMAMAHESWARA RAO – Appellant
Versus
THE STATE OF AP – Respondent
WP 30657/2024
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RC,J
W.P.No.306572 o0f2 260:2A4P HC:4751
1
APHC010587732024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3332]
(Special Original Jurisdiction)
WEDNESDAY,THE FOURTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 30657/2024
Between:
1. ABOTHULA UMAMAHESWARA RAO, MALE, AGED 44 YEARS, OCC
FAIR PRICE SHOP DEALER, S/O. LATE PAPA RAO, R/O.D.NO.5-35,
JAMMU NARAYANAPURAM (V), VIZIANAGARAM (M),
VIZINAGARAM DISTRICT.
...PETITIONER
AND
1. THE STATE OF AP, REP. BY ITS EX-OFFICIO SECRETARY
CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES DEPARTMENT,
A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI. GUNTUR
DISTRICT.
2. THE COMMISSIONER, A.P. STATE CIVIL SUPPLIES CORPORATION
LTD., D.NO. 10-152/1, CIVIL SUPPLIES BHAVAN, 3RD FLOOR SRI
SAI TOWERS, BESIDE SIRIS COMPANY, ASHOK NAGAR, BANDAR
ROA, KANURU, VIJAYAWADA - 520 007,
3. THE DISTRICT COLLECTOR, VIZIANAGARAM. VIZIANAGARAM
DISTRICT.
4. THE REVENUE DIVISIONAL OFFICER, VIZIANAGARAM DIVISION,
VIZIANAGARAM DISTRICT
5. THE TAHSILDAR, VIZIANAGARAM (M), VIZIANAGARAM DISTRICT.
...RESPONDENT(S):
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W.P.No.306572 o0f2 260:2A4P HC:4751
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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 Writ, order or direction more particularly one in the
nature of Writ of Mandamus declaring the endorsement issued by the 3rd
Respondent vide Rc.No.60/2024/G1 dated 28-11-2024 rejecting the request
of the petitioner's to stop the bifurcation process of F.P.Shop No.0228099,
Jammu Narayanapuram (V), Vizianagaram Mandal Vizianagaram District and
not come under the purview of bifurcation as per G.O.Ms.No.10 (Consumer
Affairs, Food and Civil Supplies (CS-1) dt.3-9-2024 and without considering
petitioner's objections as mentioned in his reply notice is illegal, arbitrary
malafide and apart from violation of Principles of Natural Justice and
consequently to set aside the impugned endorsement dt.28-11-2024 by
directing the respondents not to bifurcate the Petitioner's Fair Price shop
without following the due process of law and pass
IA NO: 1 OF 2024
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 endorsement issued by the 3rd respondent vide
Rc.No.60/2024/G1 dated:28-11-2024 in respect of Fair Price Shop
No.0228099 Jammu Narayanapuram (V), Vizinagaram (M), Vizianagaram
District pending disposal of the Writ Petition and pass
Counsel for the Petitioner:
1. B P RAJU
Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES
The Court made the following:
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W.P.No.306572 o0f2 260:2A4P HC:4751
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ORDER
This writ petition is filed challenging the Endorsement/Proceedings vide
Rc.No.60/2024-G1, dated 28.11.2024 of respondent no.3-The District
Collector, Vizianagaram, rejecting the request made by the petitioner to stop
bifurcation proceedings of their Fair Price Shops, being illegal, arbitrary,
unconstitutional and contrary to G.O.Ms.No.10, dated 03.09.2024.
2. Heard Sri B.P.Raju, learned counsel for the petitioner, and Sri
Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies.
3. Both the learned counsel fairly conceded that the issue covered in
this writ petition is squarely covered by the orders dated 06.01.2025 passed
by a coordinate bench of this Court in Writ Petition No.27510 of 2024 and
prayed to dispose of this writ petition also on the similar lines.
4. In view of the submission made by both the learned counsel, this
writ petition is also disposed of in similar lines and for the reasons stated in
Writ Petition No.27510 of 2024.
5. Since the objections were not duly answered or they are not
meeting the objection raised by the dealers, to secure the uniformity in
regularization of the fair price shops and their bifurcations in conformity with
the G.Os. while achieving their objectives, for the reasons stated in the Writ
Petition No.27510 of 2024, this
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