A fair price shop dealer challenged non-release of essential commodities to her shop without challenging the prior termination order dated 30.07.2024. The High Court found suppression of the termination order and dismissed the writ petition with liberty to challenge that order separately.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO: 22179 OF 2024
Between:
S. Subhashini, W/o. late P. Naresh, Aged 35 years, Occ- F.P. Shop Dealer, F.P. shop No.1256017, R/o. Kalluru Village, Lepakshi Mandal, Sri Satya Sai District.
...PETITIONER
AND
- The Tahsildar, Lepakshi, Sri Satya Sai District.
...RESPONDENTS
s
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 pteased to issue a Writ of mandamus or any other appropriate writ order op-ftirection declaring the action of the respondents no.2 to 5 in not ■releasing the Essential Commodities to the petitioner F.P. shop No. 1256017, Kalluru Village, Lepakshi Mandal, Sri Satya Sai District is illegal and arbitrary and consequently direct the respondents to supply the commodities continuously to the petitioners F.P shop No. 1256017, Kalluru Village, Lepakshi Mandal, Sri Satya Sai District.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents to supply the Essential Commodities to the petitioner’s F.P. shop No. 1256017, Kalluru Village, Lepakshi Mandal, Sri Satya Sai District, pending disposal of the writ petition. ^
Counsel for the Petitioner(s): SRI N ASWARTHA NARAYANA
Counsel for the Respondents 1 to 5 : GP FOR CIVIL SUPPLIES
The Court made the following: ORDER
[3311]
APHC010428252024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO: 22179/2024
Between:
...PETITIONER
AND
...RESPONDENT(S);
Counsel for the Petitioner:
Counsel for the Respondent(S):
1.GP FOR CIVIL SUPPLIES
bsba^ ^ W.P.No.22179 of 2024
The Court made the following: ORDER:
This writ petition is filed seeking the following relief;
“...to issue a writ of mandamus or any other appropriatewrit order or direction declaring the action of the respondentsNo.2 to 5 in not releasing the essential commodities to the petitioner F.P.shop No.1256017, Kalluru Village, Lepakshi Mandal, Sri Satya Sai District is illegal and arbitrary and consequentlydirect the respondents to supply the commodities continuouslytothe petitioners F.P shop No.1256017, Kalluru Village, Lepakshi Mandal, Sri Satya Sai District and to pass....”
- The case of the petitioner is that she was appointedasadealeroffair price shop No. 1256017, Kalluru Village, Lepakshi Mandal, Sri Satya Sai District vide proceedings in Rc.No. 1679/2023/C, dated 04.10.2023 issued by the 4'^ respondent and originally her husband was appointedasadealerand he died on 08.08.2023 due to ill health. 3. It is further case of the petitioner that the petitionerdistributedessential commodities to the card holders till the last month, but the staff of the 4*'' respondent informed the petitioner that the stock from October 2024 would not released to the petitioner. As such this petition isfiled.
- The learned counsel for the petitioner submitted that the supply of stock is stopped without there being any order of suspensionorcancellationofthe authorization.
- The learned Assistant Government Pleader, on written instructions vide Rc.No.178/2024/B, dated 29.09.2024 of Sub-Collector, Penukonda, submitted that the dealership of the petitioner was terminated on 30.07.2024 vide proceedings Rc.No.539/2024/C and the copy of terminationorderwasaffixed to the shop of the petitioner as she refused to receivethesame.
3
BSB,J W.P.No.22179of2024
a
Sd/- U SRI DEVI ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To
Madhu
i'
HIGH COURT
DATED:04/10/2024
ORDER
WP.No.22179 of 2024
DISMISSING THE WP WITHOUT COSTS
1 issue framed by the court
Whether the respondents could stop supply of essential commodities to the petitioner's fair price shop despite the dealership having been terminated by order dated 30.07.2024, which the petitioner had
2 provisions across 2 enactments
S. Subhashini
The State of Andhra Pradesh, Rep. by its Principal Secretary, Consumer Affairs, Food and Civil Supplies Department
The District Collector, Sri Satya Sai District
The Joint Collector, Sri Satya Sai District
The Sub Collector cum Revenue Divisional Officer, Penukonda, Sri Satya Sai District
The Tahsildar, Lepakshi, Sri Satya Sai District
B S Bhanumathi
As recorded by the court registry
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