Citation : 2021 Latest Caselaw 19 AP
Judgement Date : 6 January, 2021
(SHOW CAUSE NOTICE BEFORE ADMISSION) oo ete IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. ~~ - (SPECIAL ORIGINAL JURISDICTION) pone WEDNESDAY, THE SIXTH DAY OF JANUARY 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. ...Respondents NOORWN 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.C1/48/2020, 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.C 1/48/2020, 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. 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 of GP for Civil Supplies for 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 Sécretary, 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. NOaRWN 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. 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.C1/48/2020, 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 Court made the following: ORDER:
"Notice before admission. . .
Learned Government Pleader for Civil Supplies seeks time to file counter affidavit.
List after Pongal Vacation 2021."
SD/- G Srinivas Reddy ASSISTANT REGISTRAR
TRUE COPY// hh) For ASSISTANT REGISTRAR
_ 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 Mandai, Chittoor District. (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.
MSB
To,
--_
NOaARWN
HIGH COURT
KVL,J
DATED:06/01/2021
ORDER
LIST AFTER PONGAL VACATION 2021
NOTICE BEFORE ADMISSION
WP.No.166 of 2021
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