APHC010034562024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 1940/2024 Between:

1. K UPPALA VENKATA SUBRAMANAYAM, S/O. LATE KUPPALA PEDDA SUBBAIAH, AGED ABOUT 66 YEARS, OCC. FAIR PRICE SHOP DEALER (UNDER CANCELLATION) FAIR PRICE SHOP NO. 1143020, LAKSHMIGARIPALLI VILLAGE, RAILWAY KODUR MANDAL, Y.S.R DISTRICT ...PETITIONER AND

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

2. T HE JOINT COLLECTOR, Y.S.R. DISTRICT, KADAPA.

3. T HE SUBCOLLECTOR, RAJAMPET REVENUE DIVISION, RAJAMPET, Y.S.R DISTRICT.

4. T HE TAHASILDAR, RAILWAY KODURMANDAL, Y.S.R.

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 toPleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring assailing the proceedings in Ref No.A/177/2010, dated 26.12.2023 issued by the respondent No.3 ordering cancellation of my authorization as Fair Price Shop Dealer, Shop No. 1143020, LakshmigariPalli Village, Railway Kodur Mandal, Y.S.R District without assigning any reasons and quite contrary to the order, dated 31.08.2023 of this Honble Court made in W.P.No.3756 of 2022 as arbitrary, illegal, colorable exercise of power, contrary to the provisions of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 and also the well settled legal principles apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of Indiaand consequently set aside the same 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 direct the respondent No.4 to release the Essential Commodities in my favor for the Fair Price Shop No. 1143020, LakshmigariPalli Village, Railway Kodur Mandal, Y.S.R District by suspending the proceedings in Ref No.A/177/2010, dated 26.12.2023 issued by the respondent No.3, pending disposal of the above Writ Petition and pass IA NO: 2 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 vacate the interim order dated 30.01.2024 in I.A. No. 1 of 2024 in W.P.No. 1940 of 2024 and dismiss the writ petition and pass Counsel for the Petitioner:

1. V R REDDY KOVVURI Counsel for the Respondent(S):

1. GP FOR REVENUE (AP)

2. GP FOR CIVIL SUPPLIES (AP)

The Court made the following:

ORDER:

The case of the petitioner is that he was appointed as a permanent dealer of Fair Price Shop No.1143020 of Lakshmigari Palli Village, Railway Kodur Mandal, YSR District, in the year 1991 and has been discharging his duties by supplying essential commodities to the cardholders to the satisfaction of the officials and the cardholders. While so, alleging variations in the stock of essential commodities found during inspection of the Fair Price Shop, the 3^rd respondent issued suspension order dated 06.01.2022.

2. Aggrieved by the said suspension order dated 06.01.2022 passed by the 3^rd respondent, the petitioner preferred writ petition vide in W.P.No.3756/2022, wherein this Court, on 31.08.2023, disposed of the said writ petition by setting aside the suspension order impugned therein and remitted the matter back to the 3^rd respondent therein for conducting fresh enquiry after affording reasonable opportunity to the petitioner by recording reasons and further directed to continue the petitioner as fair Price Shop Dealer.

3. Thereafter, the 3^rd respondent, without conducting any enquiry as directed by this Court in W.P.No.