Smt.Godasu Thirupalamma, vs State Of Andhra Pradesh,
2021 Latest Caselaw 1029 AP

Citation : 2021 Latest Caselaw 1029 AP
Judgement Date : 22 February, 2021

Andhra Pradesh High Court - Amravati

Smt.Godasu Thirupalamma, vs State Of Andhra Pradesh, on 22 February, 2021

Bench: Kongara Vijaya Lakshmi

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATEs,<:

MONDAY, THE TWENTY SECOND DAY OF FEBRUARY
TWO THOUSAND AND TWENTY ONE
: PRESENT: Ve
THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSRR
WRIT PETITION NO: 21200 OF 2019
Between: ae gt
Smt Godasu Thirupalamma, W/o late. Tirupataiah, Hindu, Aged about 30 years, Fair
Price Shop Temporary dealer (under Suspension), F.P. Shop No.0838030, Darisi Gunta
Peta Village, C.S.Puram Mandal, Ongole District.
Petitioner
AND
1. State of Andhra Pradesh, Rep. by its Principal Secretary Civil Supplies
Department, Secretariat, Velagapudi, Amaravathi.
The District Collector (Civil Supplies), Prakasam District.
The Tahsildar, C.S.Puram Mandal, C.S.Puram, Prakasam District.
The Dy.Tahsildar (Enforcement, C.S), Kanigiri, Prakasam District.

BRON

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 Orders or a Direction more particularly one in the nature of Writ of
Mandamus, declaring the action of the Respondents suspending the dealership to run
the F.P. shop No. 0838030, Darisi Gunta Peta Village, C.S.Puram Mandal, Ongole
District in Re.CS2(6)/235481/2019, Dt- 19.12.2019 issued by the 2™ respondent
contrary to the provisions of A.P. Schedule Commodities (TPDS) Control! Order, 2018
and Judgments of this Hon'ble High Court reported in 2012 (6) ALD 723, 2013 (4) ALD
940, 2015 (3) ALD 104, 2015 (3) ALD 659 and 2015 (3) ALD 558 and without
considering representation of the petitioner, without any allegations, without conducting
any enquiry and without verifying the report as illegal, arbitrary, malafied, unjust and
contrary to the provisions of the E.C. Act and violative of Principles of Natural Justice,
Constitutional mandate and consequently direct the respondents to continue the
petitioner as dealer for the F.P. shop No. 0838030, Darisi Gunta Peta Village, C.
S.Puram Mandal, Ongole District, by set aside the proceedings issued in Re.
CS2(6)/235481/2019, Dt- 19.12.2019 issued by the 2" respondent in the interest of
justice

IA NO: 1 OF 2019

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 to suspend the
operation of the impugned order passed in Re. CS2(6)/235481/2019, Dt- 19.12.2019
issued by the 2" respondent by continuing as dealer pending disposal of the petition in
the interest of justice,

The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of SRI P SREE RAMULU
NAIDU Advocate for the Petitioner, and the Court made the following.

ORDER:

"This writ petition is filed challenging the proceedings dated 19.12.2019 of the 2" respondent suspending the petitioner's authorization as fair price shop dealer.

A perusal of the record, shows that the matter underwent several ' adjournments. On 06.01.2021, the learned Government Pleader for Civil Supplies, based on the instructions, submitted that the petitioner's authorization was already cancelled on 16.03.2020 and undertook to produce the acknowledgement showing service of the order of cancellation on the petitioner. Again, when the matter was heard on 27.01.2021, the learned counsel for the petitioner submitted that the order canceling the petitioner's authorization was not served on the petitioner, but the learned Government Pleader, based on the written instructions, asserted that the cancellation order was served on the petitioner, but did not

specify on which date it was served. In view of the same, the respondents were directed to file a detailed affidavit with regard to the contentions raised in the writ petition and also the service of the order cancelling the petitioner's authorization. Again, when the matter was taken up for hearing on 10.02.2021, the learned Government Pleader undertook to file an affidavit. Subsequently, when the matter was called on 16.02.2021, the learned counsel for the petitioner submitted that on 11.02.2021 and 12.02.2021 the representatives of the officials tried to service a copy of cancellation of the petitioner's authorization which is ante- dated, but the petitioner refused to sign the same and the learned Government Pleader submitted that the record is misplaced in the office of the respondents and sought further time to file an affidavit.

Today, when the matter is called, the learned Government Pleader submits that order of cancellation of the petitioner's authorization was already served on the petitioner on 16.03.2020, but the record showing proof of service is missing in the office of the respondents.

The learned counsel for the petitioner submits that suspension order is dated 19.12.2019 and that now the respondents take a stand that the petitioner's authorization was cancelled about a year ago i.e. on 16.03.2020 and that the same is not yet served on her.

Having regard to the fact that the cancellation order is dated 16.03.2020, the respondents cannot take a stand that the said order has been served on the petitioner, as their record does not have the acknowledgement of the same.

In view of the facts and circumstances of the case, the respondents are directed to file a detailed affidavit explaining the contentions raised in the writ petition and also with regard to the order of cancellation.

List the matter after four weeks under the caption "for orders".

Meanwhile, the respondents are directed to supply essential commodities to the petitioner's fair price shop.

_ SD/-M.RAMESH BA ASSISTANT REGISTRAR [TRUE COPY//

To,

1. The Principal Secretary Civil Supplies Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi.

The District Collector (Civil Supplies), Prakasam District.

The Tahsildar, C.S.Puram Mandal, C.S.Puram, Prakasam District.

The Dy.Tahsildar (Enforcement, C.S), Kanigiri, Prakasam District. (Addresses 1 to 4 by RPAD)

5. One CC to SRI P SREE RAMULU NAIDU Advocate [OPUC]

6. One spare copy

HIGH COURT

KVLJ