S. Sreenivasulu Srinivasulu vs The State Of Andhra Pradesh
2021 Latest Caselaw 902 AP

(SHOW CAUSE NOTICE BEFORE ADMISSION).

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
WEDNESDAY, THE SEVENTEENTH DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE
:PRESENT:

THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION NO: 3827 OF 2021

 

Between:

S.Sreenivasulu @ Srinivasulu, S/o.late S.Sreeramulu, aged about 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 &

Civil Supplies Department, Secretariat, Velagapudi at Amaravathi, Guntur

District.

The District Collector (Civil Supplies Wing), Chittoor District.

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.
...Respondents

NOaRwWN

WHEREAS the Petitioner above named through his Advocate Sri
Y.N.ANJANEYACHARYULU presented this 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.Roc.E2/439/2019,
dated 25.09.2020 issued by the 3% Respondent herein confiscating the 100% value of
the seized stocks with regard to the Petitioners Fair Price Shop No.1033019,
Chinthaparthy Village, Valmikipuram Mandal, Chittoor District without following the
fundamental ingredients of an enquiry, without giving reasons, without taking 1 month
transaction, without considering that the charges mentioned in the suspension order are
entirely different with the charges mentioned in the show cause notice, as illegal,
arbitrary, an abuse of process of law, 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 Judgment passed in the case of Smt. B.Manjula Vs. District Colléctor, Civil
Supplies, Kurnool and others and consequently set-aside the proceedings No.Roc
E2/439/2019, dated 25.09.2020 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.

AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri Y.N.Anjaneyacharyulu, Advocate for the
Petitioner and GP for Civil Supplies for the Respondents, directed issue of notice to the
Respondents herein to show cause as to why this WRIT PETITION. should not be
admitted.

You viz:
1. The Principal Secretary, Food & Civil Supplies Department, Secretariat,
Velagapudi at Amaravathi, Guntur District, State of Andhra Pradesh.
The District Collector (Civil Supplies Wing), Chittoor District.
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.

Oakwn
 

 

7. The Civil Supplies/Deputy Tahsildar, Valmikipuram Mandal, Chittoor District.

are be and hereby directed to show cause either appearing in person or through an
Advocate, as to why in the circumstances set out in the petition and the affidavit filed
therewith (copy enclosed) this WRIT PETITION should not be admitted.

The Court made the following:
ORDER:

"Notice before admission. List the matter after eight weeks along with W.P.No.166/2021."

SD/-B.Narsingh Rao ASSISTANT REGISTRAR

[AA -

For ASSISTANT REGISTRAR

ITTRUE COPYI/

To,

1. The Principal Secretary, Food & Civil Supplies Department, Secretariat, Velagapudi at Amaravathi, Guntur District, State of Andhra Pradesh. 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. (Addresses 1 to 7 by RPAD- along with a copy of petition and affidavit)

8. One CC to Sri. ¥Y.N.Anjaneyacharyulu, Advocate [OPUC]

9. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT]

10.One spare copy MM

NOOR ON

HIGH COURT

KVLJ

DATED:17/02/2021

NOTE: LIST THE MATTER AFTER EIGHT WEEKS

NOTICE BEFORE ADMISSION

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Cd te Riot mo ee

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WP.No.3827 of 2021