APHC010430332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

FRIDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 22034/2025 Between:

1. B ORA ASIRI NAIDU, S/O LATE DHALIGURUVU, AGED ABOUT 48 YEARS, OCC CULTIVATION, R/O. H.NO.2-98, LAKSHMIPURAM, TAMAVADA, SRIKAKULAM, ANDHRA PRADESH - 532403.

2. V AKADA GANESH, , S/O ASIRI NAIDU, AGED ABOUT 26 YEARS, OCC CULTIVATION, R/O. H.NO.2-98, LAKSHMIPURAM, SRIKAKULAM, ANDHRA PRADESH -

532403.

3. B ASA RAMANA,, S/O LATE SOMULU, AGED ABOUT 47 YEARS, OCC CULTIVATION, R/O. H.NO 3-61, BC VEEDHI, BC COLONY, LAKSHMIPURAM, TAMAVADA, SRIKAKULAM, ANDHRA PRADESH - 532403.

...PETITIONER(S)

AND

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

2. T HE DISTRICT COLLECTOR, SRIKAKULAM, SRIKAKULAM DISTRICT.

3. T HE JOINT COLLECTOR CS, SRIKAKULAM,SRIKAKULAM DISTRICT.

4. R EVENUE DIVISIONAL OFFICER, SRIKAKULAM, SRIKAKULAM DISTRICT.

5. T HE TAHSILDAR, , LAVERU MANDAL, SRIKAKULAM DISTRICT.

6. S MT DALLI RAMANAMMA, W/O SURAPPANNA, AGED ABOUT 47 YEARS. FAIR PRICE SHOP DEALER, LAKSHMIPURAM, LAVERU MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH.

...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the 4threspondent in issuing the orders in Rc.No.301/2024 CS, dated 15.04.2025 for restoration of authorization of the 6th Respondent without considering the complaint given by the petitioners and other cardholders in proper perspective and further action of the respondents 3 to 5 in not considering the representations given by the petitioners and other cardholders dated 26.05.2025 and 29.05.2025 and not passing the final order pursuant to the enquiry conducted against the 6th respondent, as illegal, arbitrary, unjust, unconstitutional, contrary to the APSTPDS Control Order 2018 and violative of Fundamental Rights guaranteed under Articles 14 and 21 of the Constitution of India and consequently set aside the order of 4th respondent dated 15.04.2025 and further direct the respondents 1 to 5 to cancel the authorization of the 6th respondent in respect of F.P.Shop No. 0106034, at Lakshmipuram Village, Laveru Mandal, permanently, by passing a final order pursuant to the enquiry conducted against the 6th respondent and pass IA NO: 1 OF 2025 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 Counsel for the Petitioner(S):

1. T VENU GOPAL Counsel for the Respondent(S):

1. GNANESWARA RAO MITTIREDDI

2. GP FOR CIVIL SUPPLIES The Court made the following ORDER:

Impugning the proceedings vide Rc.No.301/2024CS, dated

15.04.2025, issued by the 4^th respondent-Revenue Divisional Officer, restoring the authorization of the 6^th respondent’s dealership, without considering the complaint given by the petitioners/card holders, the present writ petition is filed.

2. Heard Sri T. Venu Gopal, learned counsel for the petitioner, Sri Vineet Appasani, learned Assistant Government Pleader for Civil Supplies and Sri Gnaneswara Rao, learned counsel for the

6^th respondent.

3. Learned counsel for the petitioners, while reiterating the contents of the affidavit, submitted that against the atrocities being made by the Fair Price Shop dealer (6^th respondent herein), the entire villagers/cardholders made a representation to the 5^th respondent-Tahsildar, and a copy was served to the 3^rd respondent-Joint Collector. Basing on the said complaint, the 6^th respondent’s dealership was suspended. Thereafter, pending the enquiry, restored the authorization of the 6^th respondent’s dealership. He further submitted that even after restoration of th