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Andhra Pradesh High Court - Amravati

N Nagappa vs The State Of Andhra Pradesh, on 25 November, 2024

APHC010528372024
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                         [3311]
                          (Special Original Jurisdiction)

           MONDAY, THE TWENTY FIFTH DAY OF NOVEMBER
               TWO THOUSAND AND TWENTY FOUR

                                 PRESENT

           THE HONOURABLE MS JUSTICE B S BHANUMATHI

                      WRIT PETITION NO: 27195/2024

Between:

N Nagappa and others                                       ...PETITIONER(S)

                                    AND

The State of Andhra Pradesh and others                  ...RESPONDENT(S)

Counsel for the Petitioner(S):

1. P NARAHARI BABU Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR CIVIL SUPPLIES The Court made the following Order:
This writ petition is filed under Article 226 of Constitution of India seeking the following relief:
"...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus questioning the action of the respondents in not restoring names of the petitioners 1 to 3 in ration card No.2809573350 of Beechiganipalli Village, Parigi Mandal, Sri Satya Sai District (erstwhile Anantapur District) though 4th petitioner made several representations to the authorities that mistakenly village volunteer registered their names 2 W.P.No.27195 of 2024 Dt.25.11.2024 under death register in their records even petitioners No.1 to 3 are alive and even after 8th respondent issued endorsement in RC.No.286/B/2022 dated 08.12.2022 as illegal, arbitrary and violative of Articles 14, 21 of the Constitution of India and consequently direct the respondents to restore names of petitioners No.1 to 3 in ration card No.2809573350 (fair price shop No.14) of Beechiganipalli Village, Parigi Mandal, Sri Satya Sai District (erstwhile Anantapur District) and pass..."

02. The case of the petitioner is briefly as follows:

The petitioners are family members residing in Beechiganipalli Village, Parigi Mandal, Sri Satya Sai District (erstwhile Anantapur District). The petitioners received essential commodities through ration card No.2809573350 till the year 2020, but due to the mistake of Village Volunteer, the names of petitioners No.1 to 3 were recorded under death register and thereon, only the 4th petitioner has been receiving the ration. The 4th petitioner submitted an application regarding the same through Spandana program on 19.09.2022. Subsequently, the 8th respondent/Tahsildar Parigi Mandal issued an endorsement vide RC.No.286/B/2022, dated 08.12.2022 to the 4th petitioner stating that the issue would be resolved very soon and the same was forwarded to the 4th respondent and the Sub-Collector of Penukonda. On 09.05.2024, VRO of Beechiganipalli Village submitted a report to the 8th respondent regarding the issue, but till now the respondents have not restored the names of petitioners No.1 to 3 in the ration card even though they were alive and voter cards were also issued to them for the recent elections. Aggrieved by the inaction of the respondents, this writ petition is filed.

03. The learned counsel for the petitioner submitted that in spite of repeated representations from the petitioners in 2022 and this year also, no action has been taken. He further submitted that 8th respondent gave an 3 W.P.No.27195 of 2024 Dt.25.11.2024 endorsement on 08.12.2022 that the commodities would be given as soon as login is given to VRO or the Tahsildar as their names were recorded as dead. He further stated that recently also, on 09.05.2024, the VRO again submitted a report in favour of the petitioner that the non-supply was due to mistake committed by Mrs.Y.Sravani while mapping the card holders, yet no action has been taken by the respondent authorities.

04. The learned Government Pleader for Civil Supplies submitted that he had not received any instructions, however requested to pass appropriate orders.

05. In view of the recommendations repeatedly submitted by the concerned VRO to the 8th respondent, appropriate order shall be passed without any further delay.

06. Accordingly, this writ petition is disposed of directing the concerned authorities/respondents to pass appropriate orders forthwith on the representation of the petitioners in view of the recommendations of the concerned VRO.

There shall be no order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

________________________ JUSTICE B.S.BHANUMATHI Date: 25.11.2024 Note: Issue CC by 28.11.2024 b/o NSM 4 W.P.No.27195 of 2024 Dt.25.11.2024 116 HON'BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO:27195 of 2024 Date: 25.11.2024 Note: Issue CC by 28.11.2024 b/o NSM