K Radhamma vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Admission (Civil Supplies)
Before:
Hon'ble B S Bhanumathi
Listed On:
23 Sept 2024
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH :: AMA (Special Original Jurisdiction)
MONDAY ,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO: 20695 OF 2024
Between:
IP
Smt. K Radhamma, W/o. K Ramanjaneyulu, Aged 35 years, Occ. F.P. Shop Dealer of Shop.No.1201032 R/o. Door No. 1-261, 00 Colony, Muradi Village, D. Hirehal Mandal, Anantapur District.
...PETITIONER
AND
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- The State Of Andhra Pradesh, Rep. by the Principal Secretary, Civil Supplies Department, Secretariat Buildings At Velagapudi, Amaravathi Guntur District.
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- The District Collector, Anantapur District, Anantapur
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- The Joint Collector, Anantapur District, Anantapur.
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- The Revenue Divisional Officer, Kalyanadurg, Anantapur District.
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- The Tahsildar, D Hirehal Mandal, Anantapur District
...Respondents
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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th and 5th respondents in not allotting the essential commodities to the petitioner in F.P shop (Shop. No. 1201032), Muradi Village, D. Hirehal Mandal, Anantapur District without there being any suspension or cancellation of Authorization of the petitioner even though the authorization is valid and subsisting as illegal, arbitrary and violative of Articles 14, 19(1) (g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and principles of natural justice and consequently direct the respondents to continue the petitioners F.P. shop Dealership by supplying the essential commodities to the FP Shop. No. 1201032, of Muradi Village, D. Hirehal Mandal, Anantapur District. -
lA NO: <sup>1</sup> OF 2024
Petition under Section <sup>151</sup> CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to continue the petitioner as F.P. shop Dealer (Shop. No. 1201032) and to supply essential commodities to the petitioners fair price shop at Muradi Village, D. Hirehal Mandal, Anantapur District, pending disposal of Writ Petition.
Counsel for the Petitioner: SRI. K NARSI REDDY
Counsel for the Respondent No.1 to 5: GP FOR CIVIL SUPPLIES
The Court made the following: ORDER
APHC010408102024
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3311]
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 20695/2024
Between:
...PETITIONER <sup>K</sup> Radhamma
AND
...RESPONDENT(S) The State of Andhra Pradesh and Others
Counsel for the Petitioner:
- K Narsi Reddy
Counsel for the Respondent(S)
1.GP for Civil Supplies , .
The Court made the following: fv'
ORDER:
This Writ Petition under Article 226 of Constitution of India is filed for the following relief;
...to issue <sup>a</sup> writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4''^and 5'^respondents in not allotting the essential in F.P shop (Shop commodities to the petitioner No.1201032),Muradi Village, D. Hirehal Mandal, Anantapur District without there being any suspension or cancellation of authorization Of the petitioner even though the authorization is valid and subsisting as illegal, arbitrary and violative of Articles 19(1)(g) of the Constitution of India and also violative of <sup>14</sup>
Sd/- M. SRINIVAS
SEC OFFICER
ASSISTANT REGISTRAR
Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 and principles of natural justice consequently direct the respondents to petitioners F.P shop dealership by supplying the essential commodities to the FP Shop.No.1201032, of Muradi Village, D.Hirehal Mandal, Anantapur District... and continue the
2
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The learned counsel for the petitioner submitted that any order of suspension or cancellation of authorization, the being provided essential commodities. without passing petitioner is not
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The learned Assistant Government Pleader submitted instructions are not received. that the written However, he stated that so long as the authorization is in force, the supply of commodities would not be stopped, but petitioner would not be supplied if authorization is suspended or cancelled, the any commodities.
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Accordingly, the writ petition is disposed of directing the respondent authorities to supply the commodities to the petitioner, subject to compliance of legal formalities, so long as the authorization is in force.However, this order does not preclude the authorities from taking any action be no orders as to costs. as per law.There shall
As a sequel thereto, the miscellaneous petitions, if writ petition shall stand closed. any, pending in this
//TRUE COPY//
To,
i
Civil Supplies Department, Secretariat Buildings at Velagapudi, Amaravathi. Guntur District. 1. The Principal Secretary
DtstnctCoWector, Anantapur District, Anantapur 2. The
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- The Joint Collector, Anantapur District, Anantapur.
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- The Revenue Divisional Officer, Kalyanadurg, Anantapur District.
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- The Tahsildar, D Hirehal Mandal, Anantapur District
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- One CC to Sri. K Narsi Reddy, Advocate [OPUC]
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- Two CCs to GP for Civil Supplies ,High Court Of Andhra Pradesh. [OUT]
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- Three CD Copies
Sree
HIGH COURT DATE0:23/09/2024
f
ORDER
DISPOSING OF THE W.P WITHOUT COSTS