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High Court for State of TelanganaWP/12567/2019closed no costs

A Manohar Rao v. The State Of Telangana

2024-10-14T.Madhavi Devi5 pages

t 3219 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI wRt T PETITION NO:12567 OF 2019 Between:

A Manohar Rao, S/o. Amrutha Rao, Age. 50 years, Occ. Fair Price Shop dealer, Shop No.271 3025, Ragojipet village, Medipalli Mandal, Jagtial District. ...PETITIONER AND The State of Telangana, represented by its Principal Secretary to the Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, Hyderabad.

The Revenue Divisional Officer, Jagtial Division, Jagtial Proper and District. The Tahsildar, Medipalli Mandal, Medipalli Proper and Mandal, Jagtial District. RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondents No.2 and 3 in not supplying the commodities to the petitioner fair price shop no. 2713025, Ragojipet village, Medipalli Mandal, Jagtial District, even though the petitioners authorization is in subsistence, and even though the petitioner approached the respondent No.

2 and had submitted a representation on 26-42019, requesting to supply the commodities to the petitioner fair price shop, is nothing but violative principles of natural justice, arbitrary, illegal' null and void and also violative of Articles 14, 19 and 21 of the Constitution of lndia. Consequently, direct the respondent No. 2 and 3 to supply the commodities to the I i petitioner fair price shop no. 2713025, Ragojipet village, Medipalli Mandal, Jagtial District, enabling the petitioner to supply the same to the cardholders.

lA NO: 1 OF 2019 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 direct the respondents No.2 and 3 to supply the commodities to the petitioners fair price shop no. 2713025, Ragojipet village, Mbdipalli Mandal, Jagtial District. Counsel for the Petitioner : SRI K.VENUMADHAV Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER

HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.12567 of 2019 ORDER:

In this Writ Petition, the petitioner has challenged the action of respondent Nos.2 and 3 in not providing/supplying the commodities to the petitioner's fair price shop No.2713025, Ragojipet Village, Medipalli Mandal, Jagtial District, in spite of his authorization being in subsistence.

2. Vide interim order dated 24.06.2019 in I.A.No.1 of 2019, this Court had directed the respondents to supply the essential commodities to the petitioner's fair price shop, subject to compliance of all the requirements. Thereafter, a vacate stay petition has been filed by the respondents stating that on inspection certain irregularities have been found against the petitioner and therefore, supplies were not being made to the petitioner's fair price shop, but due to the interim orders of this Court, the essential commodities are being supplied to the petitioner's fa ir price shop.

3.

Learned counsel for the petitioner submitted that no notice has been given to the petitioner so far and the petitioner is receiving the regular supply of the essential commodities.

4, In view of the above facts and circumstances of the case, this Court deems it fit and proper to close the Writ Petition with liberty to the respondents to initiate action, if any, required against the petitioner I and to take action in accordance with law and the said interim order dated 24.06.2019 shall continue till such action, if any, is taken. 5.

With the above liberty, the Writ Petition is closed. No order as to costs.

Miscellaneous applications, if any, pending in this Writ Petition, shall stand closed.

SD/.S. MALLIKARJUNA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. One CC to SRI K.VENUMADHAV, Advocate' [OPUC]

2. Two CCs to GP FOR CIVIL SUPPLIES, High Court for the State of Telangana. [OUT]

3. Two CD CoPies.

BSK LS 1-+-

HIGH COURT DATED:1411012024 o(I 1 riE s 14 14:

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ORDER

WP.No.12567 of 2019 CLOSING THE WRIT PETITION WITHOUT COSTS !P t'l/ >\ 6 cu?P