Smt.Godasu Thirupalamma, vs State Of Andhra Pradesh,
2021 Latest Caselaw 1667 AP

Citation : 2021 Latest Caselaw 1667 AP
Judgement Date : 22 March, 2021

Andhra Pradesh High Court - Amravati

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

Bench: M.Satyanarayana Murthy

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)

MONDAY, THE TWENTY SECOND DAY OF MARCH
TWO THOUSAND AND TWENTY ONE
-PRESENT: 7 Of
THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY |

WRIT PETITION NO: 21200 OF 2019
Between:
Smt.Godasu Thirupalamma, W/o late Tirupataiah.
.. Petitioner
AND
4. 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.
...Respondents

RwN

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.CS$2(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
540, 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
Ro.C$2(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 writ petition, the High Court may be pleased to suspend
the operation of the impugned order passed in Re.C$2(6)/235481/2019, Dt- 19.12.2019
issued by the 2" respondent by continuing as dealer pending disposal of WP 21200 of
2019, 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 P Sree Ramulu Naidu,
Advocate for the Petitioner and of GP for Civil Supplies for the Respondents, the Court
made the following.

ORDER:

"At request of learned Government Pleader for Civil Supplies to file

affidavit as directed by this Court on 22.02.2021, post the matter on 24.03.2021.

In the event of failure to file affidavit as directed by this Court, the concerned officer shall be present before this Court and Additional Government Pleader for Civil Supplies undertakes to inform the orders to this Court to the

concerned officer."

Sd/-T.Madhavi i COPY// ere IITRUE COPY cor SEC WON OFFICER

ASSISTANT REGISTRAR

To,

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

2. The District Collector (Civil Supplies), Prakasam District.

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

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

5. One CC to Sri. P Sree Ramulu Naidu, Advocate [OPUC]

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

7. One spare copy.

MSB