HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN Between:
:PRESENT:
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WP .NO:25942 of 2014 P.Siva Sankar Reddy S/o P. Adinarayana Reddy, aged 24 years, Occ: Fair Price Shop Dealer, Shop No. 27, R/o Upparapalli H/o Thalamarlavandla Palli Village, Nallacheruvu Mandal, Anantapur District . Petitioner AND
1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad.
2 The Revenue Divisional Officer, Kadiri, Anantapur District.
3 The Tahasildar, Nallacheruvu Mandal, Anantapur District.
. Respondents Petition under Article 226 of the Constitution of India, praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate order or direction more particularly a writ of Mandamus declaring the action of the 2nd respondent in suspending the authorization of the petitioner's fair price Shop No. 27, situated at Upparpalli H/o Thalamarlavandlapalli village, Nallacheruvu Mandal, Anantapur District, vide order Rc.No.2497/B/2014 dated 22-8-2014 without issuing any notice and without following any procedure contemplated under law is nothing but illegal, arbitrary, unjust, contrary to the provisions of the Essential Commodities Act, 1955 and violation of principles of natural justice and set aside the impugned order issued by the 2nd respondent vide order Rc.No.2497/B/2014 dated 22-8-2014 and consequently direct the respondents to release the Essential Commodities to the petitioners fair price shop No. 27, situated at Upparpalli H/o Thalamarlavandlapalli village, Nallacheruvu Mandal, Anantapur District, in the interest of justice.
WPMP. NO. 32423 OF 2014:
Petition under Section 151 of C.P.C. praying that in the circumstances stated in the affidavit filed in W.P. the High Court may be pleased to direct the respondent to release the Essential Commodities to the petitioner's fair price Shop No.27, situated at Upparpalli H/o Thalamarlavandlapalli Village, Nallacheruvu Mandal, Anantapur District, by suspending the impugned order issued by the 2nd respondent vide Rc.No.2497/B/2014 dated 22-8-2014, in the interest of justice, pending WP No. 25942 of 2014 on the file of the High Court.
The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and order of the High Court dated 04-09-2014 made herien and upon hearing the arguments of Ms. M.Hemalatha, Advocate for the Petitioner and of the Asst. GP for Civil Supplies, for the Respondents, the Court made the following.
ORDER:
Learned Asst. Government Pleader for Civil Supplies seeks time for filing counter.
Post on 23.09.2014 in Motion List.
Interim order granted earlier shall stand extended for a period of two weeks.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1. Two CCs to G.P. for Civil Supplies, High Court Buildings, Hyderabad (OUT)
2. One CC to Ms. M.Hemalatha, Advocate (OPUC)
3. one Spare Copy tvr HIGH COURT ARRJ DATE: 16-9-2014 ORDER WP. NO. 25942 OF 2014 INTERIM DIRECTION HIGH COURT Tvr DRAFTED ON 17-9-2014 ARRJ DATE: 16-9-2014 ORDER WP. NO. 25942 OF 2014 POST ON 23-09-2014 INTERIM DIRECTION EXTENDED