Andhra Pradesh High Court - Amravati
Smt Gutta Padmavathi vs Neerukonda Venkata Lakshmi on 6 February, 2024
Author: R. Raghunandan Rao
Bench: R. Raghunandan Rao
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO
WRIT APPEAL No.84 of 2024
Smt. Gutta Padmavathi, W/o. Yamalaiah,
Aged 54 years, Occ: PDF Dealer, R/o.D.No.2-4A,
Govindapuram Village, Chilakaluripeta Mandal,
Palnadu District, erstwhile Guntur District.
... Appellant
Versus
Neerukonda Venkata Lakshmi, W/o. Vijaya Bhaskar Rao,
Durga Priyanka Mahila Podupu Group,
Fair Price Shop Dealer for Shop No.0745054, Hindu,
Aged 40 years, Occ: Ration Dealer, R/o. Govindapuram Village,
Chilakaluripet Mandal, Palnadu District, A.P. and six others.
...Respondents
Mr. S. V. S. S. Sivaram, Counsel for the appellant.
Mr. Venkata Ramarao Kota, Counsel for respondent No.1.
Government Pleader for Civil Supplies, Counsel for respondent
Nos.2 to 4.
Government Pleader for Revenue, Counsel for respondent Nos.5
to 7.
DATE : 06.02.2024
P.C.:
1. The present Letters Patent Appeal has been preferred against
the judgment and order dated 06.12.2023 passed in W.P.No.31135
of 2023.
HCJ & RRR, J
2. Briefly stated the material facts are as under:
The petitioner before the learned single Judge, respondent
No.1 herein, was a fair price shop dealer whose dealership was
suspended by virtue of the impugned order dated 16.11.2023
passed by the Revenue Divisional Officer, Narasaraopet Division.
3. The petitioner's case was that the order impugned was
unsustainable as it was contrary to the principles of natural justice
and violative of the constitutional guarantees as enshrined under
Articles 14 and 300-A of the Constitution of India. The learned
single Judge by virtue of judgment and order impugned, set aside
the order impugned dated 16.11.2023, by placing reliance upon a
judgment rendered in W.P.No.5800 of 2020, dated 06.04.2021,
treating the facts of the case in W.P.No.31135 of 2023, as similar to
the one's which were before the Court in W.P.No.5800 of 2020.
4. We have gone through the judgment and order dated
06.04.2021 rendered in W.P.No.5800 of 2020. It can be seen that
the learned single Judge in the said judgment and order had set
aside the order impugned primarily on the ground that it was an
unreasoned order and secondly that no opportunity of being heard
had been granted to the petitioner in that case.
HCJ & RRR, J
In the present case, learned counsel for appellant/respondent
No.7 in the writ petition, representing the fair price shop dealer,
who had been appointed temporarily on account of the order of
cancellation of the dealership of respondent No.1 herein, would
submit that the judgment and order impugned in the present appeal
was not at all similar to the one relied upon by the learned single
Judge, inasmuch as this was not a case where either the principles
of natural justice had been violated or the order was an unreasoned
order.
5. We have gone through the order impugned which was passed
by the Revenue Divisional Officer, Narasaraopet and find that the
same cannot be said to be an unreasoned order. In our opinion, the
issue as to whether the principles of natural justice had been
violated or not also is an issue which needs to be gone into in
greater detail by the learned single Judge. In any case we are of the
opinion that the judgment relied upon by the learned single Judge
passed in W.P.No.5800 of 2020 was quite inapt in the facts and
circumstances of the present case.
6. For the reasons mentioned above, we set aside the judgment
and order impugned and remand the matter to the learned single
Judge for consideration afresh on merits. Till such time as the
HCJ & RRR, J
learned single Judge passes an order afresh, status quo be
maintained.
7. The writ appeal is, accordingly, allowed. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO, J
SSN
HCJ & RRR, J
HON'BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO
DATE : 06.02.2024
SSN
