Andhra Pradesh High Court - Amravati
S. Sreenivasulu Srinivasulu, vs The State Of Andhra Pradesh, on 19 February, 2021
Bench: Kongara Vijaya Lakshmi
We
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI EN
(SPECIAL ORIGINAL JURISDICTION) y
FRIDAY, THE NINETEENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION NO: 166 OF 2021
Between:
S. Sreenivasulu @ Srinivasulu, S/o.late S. Sreeramulu, age-45 years, Ex.Dealer
of F.P. Shop No. 1033019, R/o. D.No. 8-98, D.S.P. Street, Chinthaparthy Village,
Valmikipuram Mandal, Chittoor District.
...Petitioner
AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary, Food and
Civil Supplies Department, Secretariat, Velagapudi at Amaravathi, Guntur
District.
The District Collector, (Civil Supplies Wing), Chittoor District, Chittoor.
The Joint Collector (Civil Supplies), Chittoor District, Chittoor.
The Revenue Divisional Officer, (Civil Supplies) Madanapalle, Chittoor District.
The District Supply Officer (CS), Chittoor District, Chittoor.
The Tahsildar (Civil Supplies), Valmikipuram Mandal, Chittoor District.
The Civil Supplies/Deputy Tahsildar, Valmikipuram Mandal, Chittoor District.
NOORWN
... 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 of Mandamus, or other appropriate writ, order or direction, declaring the
proceedings No.C 1/48/2020, dated 24.09.2020 issued by the 3rd Respondent herein
canceling the Petitioner's authorization for the Fair Price Shop No. 1033019,
Chinthaparthy Village, Valmikipuram Mandal, Chittoor District without supplying the
_ Opening balance, without filing the separate report for initiating the disciplinary action
under Clause 20(i) of Control Order, and without following the fundamental ingredients
of an enquiry, without giving reasons as illegal, arbitrary, Violative of Articles 14 and 21
of the Constitution of India, violative of a Principles of Natural Justice and contrary to the
provisions of the Andhra Pradesh State Targeted Public Distribution System Control
Order 2018 and against the CCS Memo No.21/100/2015-AD.1 PP & CCS dated
28.09.2015 issued by the Civil Supplies Department and against the Judgment passed
in the case of Smt. B.Manjula Vs. District Collector, Civil Supplies, Karnool and others
and consequently set-aside the proceedings No.C1/48/2020, dated 24.09.2020 by
directing the Respondents herein to permit the Petitioner to lift and distribute the
essential commodities through Fair Price Shop No. 1033019, Chinthaparthy Village,
Valmikipuram Mandal, Chittoor District.
IA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to suspend
the proceedings No.C 1/48/2020, dated 24.09.2020 issued by the 3" Respondent herein
by directing the Respondents herein to permit the Petitioner to lift and distribute the
essential commodities through Fair Price Shop No.1033019, Chinthaparthy Village,
Valmikipuram Mandal, Chittoor District, pending disposal of WP No.166 of 2021, on the
file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of Sri Y N Anjaneyacharyulu,
Advocate for the Petitioner and of GP for Civil Supplies for respondents, the Court made
the following.
o
fo
a
ORDER:
"Learned Government Pleader for Civil Supplies seeks further time to file
counter.
Respondents are directed not to fill up the vacancy on permanent basis.
List after four weeks." _--.
is
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| Sd/-E.KameswaraRao
ete, REGISTRAR
ITRUE COPY// |
| SECTI
OFFI CER. .
To,
1. The Principal Secretary, Food and Civil Supplies Department, State of Andhra
Pradesh, Secretariat, Velagapudi at Amaravathi, Guntur District.
The District Collector, (Civil Supplies Wing), Chittoor District, Chittoor.
The Joint Collector (Civil Supplies), Chittoor District, Chittoor. .
The Revenue Divisional Officer, (Civil Supplies) Madanapalle, Chittoor District.
The District Supply Officer (CS), Chittoor District, Chittoor. .
The Tahsildar (Civil Supplies), Valmikipuram Mandal, Chittoor District.
The Civil Supplies/Deputy Tahsildar, Valmikipuram Mandal, Chittoor District.
(1 to 7 by RPAD) .
8. One CC to Sri. YN Anjaneyacharyulu, Advocate [OPUC]
9. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT]
10.One spare copy.
MSB
NOaRWN
~
HIGH COURT
KVL,J
DATED:19/02/2021
ORDER
LIST AFTER FOUR WEEKS
WP.No.166 of 2021
INTERIM DIRECTION
5 -3MAR 0
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