Disposed

R. Chittemma, W/o. R. Channakesavulu Naidu v. The State of Andhra Pradesh

Andhra Pradesh HC8 May 2023WP/31692/2015

Case brief

AI extract

What is this about?

In WP No.31692 of 2015, the petitioner challenged the closure of his Fair Price Shop dealership alleging fraud in his resignation. The Court directed the respondents to consider the petitioner's representation and continue him as dealer pending final orders before disposing of the petition.

What did the court decide?

Direct the respondents to consider the petitioner's representation dated 19.01.2015 and continue the petitioner as dealer of the Fair Price Shop pending passing of appropriate orders.

R. Chittemma, W/o. R. Channakesavulu… — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

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■V

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IN THE HIGH COURT OF ANDHRA PRADESH AT AM Al fe A TI (Special Original Jurisdiction)*

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pi Wil

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MONDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON’BLE SRI JUSTICE D RAMESH WRIT PETITION NO: 31692 OF 2015

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Between:

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R. Chittemma, W/o. R. Channakesavulu Naidu, Dealer of Fair Price Shop No.6, 6- 60, K.C. Palle Village & Post, Penumur Mandal, Chittoor District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, rep. by its Secretary, Civil Supplies Department, A.P. Secretariat, at Hyderabad.

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The Joint Collector, Chittoor, Chittoor District.

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The Revenue Divisional Officer, Chittoor, Chittoor District.

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The Tahsildar, Penumuru Mandal, Penumuru, Chittoor District.

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...RESPONDENTS

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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 direction preferably one in the nature of a Writ of Mandamus to declare the action of the 3rd respondent in proceeding to fill up the Dealership in respect of Fair Price Shop No.6 of K.C. Palli Village, Penumuru Mandal, Chittoor District, without disposing of petitioners representation dated 19-01-2015, as arbitrary, illegal, and contrary to law and consequently direct the respondents to permit the petitioner to function as Dealer of the said Fair Price Shop and usual.

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I.A. NO: 1 OF 2015fWPMP. NO: 40978 OF 2015)

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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 STAY all further proceedings including filling up of the Dealership in respect of Fair Price Shop No.6 of K.C. Palli Village, Penumuru Mandal, Chittoor District,

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while directing the respondents herein to continue the petitioner as Dealer of Fair Price Shop No.6 of K.C. Palli Village, Penumuru Mandal, Chittoor District, pending disposal of the above Writ Petition.

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Counsel for the Petitioner: SRI. T BALAJI

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Counsel for the Respondents: GP FOR CIVIL SUPPLIES (AP)

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE D.RAMESH

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WRIT PETITION No.31692 of 2015

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ORDER:

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The Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the action of the 3"* respondent in proceeding to fill up the dealership in respect of fair price shop no.6 of K.C.Palli Village, Penumuru Mandal, Chittoor District, without disposing of the representation of the petitioner dated 19.01.2015 as arbitrary, illegal and consequently direct the respondents to permit the petitioner to function as dealer of the said fair price shop as usual and to pass such other or further orders as the Court may deem fit.

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Heard learned counsel for the petitioner, learned Assistant Government Pleader and learned standing counsel appearing for respondents.

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The petitioner was appointed as dealer of fair price shop on permanent basis vide proceedings dated 01.5.1997 by the 3"* respondent and authorization was issued in the name of the petitioner in respect of fair price shop no.6 of the K.C.Palli Village and the same is being renewed from time to time. While that being the situation, some third parties have obtained the

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. J

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signatures of the petitioner in the month of December 2014 on white papers. On 30.12.2014 the 3"* respondent directed the petitioner to appear before him on 19.0i;2015 for enquiry on the ground that she submitted her resignation letter in respect of the fair price shop. Then only the petitioner came to know that the papers on which on some parties took her signatures, were made into her resignation letter. On 19.01.2015 the petitioner appeared before the 3"* respondent and submitted a written representation stating all the facts. But without considering the same, the respondents have issued the present notification for filling up the post on permanent basis. Hence the writ petition. 4. Considering the submissions and on perusal of the record, this Court passed interim order on 02.11.2015 staying all further proceedings including filling up of dealership in respect of fair price shop No.6 of K.C.Palli Village, Penumuru Mandal, Chittoor District. 5. Even lapse of more than seven (7) years, the respondents did not choose to file counter. 6. Considering the fact that the petitioner is being continued as fair price shop dealer as on today, the respondents are directed to consider the representation of the petitioner dated 19.01.2015

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and pass appropriate orders. Till passing of orders, the respondents are directed to continue the petitioner as fair price

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shop dealer.

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Accordingly, the writ.petition is disposed of. No costs.

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As a sequel miscellaneous applications, pending, if any. shall also stand closed.

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SD/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// ft .^^VSECTION OFFICER 1. TheSecretariat,Secretary,at Hyderabad.State of Andhra Pradesh Civil Supplies Department’ AP 2. The Joint Collector, Chittoor, Chittoor District. 3. The Revenue Divisional Officer, Chittoor, Chittoor District. 4. The .Tahsildar, Penumuru Mandal, Penumuru, Chittoor District 5. OneCCto Sri. T Balaji Advocate [OPUC] Of Andhra Pradesh. 1. Two CD Copies. QUA t X -v

HIGH COURT

DATED;08/05/2023

ORDER

WP.No.31692 of 2015

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I 2 2 AUG 2023 g

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DISPOSING THE WP WITHOUT COSTS

R. Chittemma, W/o. R. Channakesavulu Naidu v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

R. Chittemma, W/o. R. Channakesavulu Naidu v. The State of Andhra Pradesh

Case brief

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What did the court decide?

What the court decided

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