APHC010115222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 5826/2025 Between: Jyothi ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P NARAHARI BABU Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following ORDER: The petitioner is part of a self-employed group called Kaveri Mahila Sangam SHG, Kenkara Village. On 29.08.2019, the 4th respondent (Sub Collector) issued proceedings vide D.Dis.No.K6/2330/2019, appointing the petitioner as a fair price shop dealer of shop No.1261030 on temporary basis. 2. On 15.02.2025, the 4th respondent has issued show cause notice framing the charge against the petitioner for shortage of 198.63 kgs of PDS rice and there is excess of 2 packets of sugar and an explanation was called from the petitioner. The petitioner has submitted her explanation on 2 JS,J W.P.No.5826/2025 18.02.2025 and 19.02.2025. The respondents, without considering the explanation made by the petitioner, have issued the impugned proceedings, terminating the petitioner as fair price shop dealer. Challenging the same, the present writ petition is filed. 3. Heard. 4. Learned counsel for the petitioner relies upon the orders passed in B. Manjula vs. District Collector, Civil Supplies, Kurnool and Others 1and the relevant portion of the said order is extracted hereunder: “An enquiry pre-supposes an opportunity of personal hearing to the dealer to explain his/her case based on the records such as sales and stock registers. If need be, such enquiry must also include recording the sworn statement of the dealer and witnesses, if any, from his/her side. In cases where either card holders or other persons sent any complaint, they must also be examined in the presence of the dealer or his/her lawyer and the dealer shall be given an opportunity of cross- examining such persons. The licensing /disciplinary authority shall also supply to the dealer all the reports on which he is likely to place reliance to the detriment of the dealer. Unless the dealer has no explanation at all to offer, the licensing/disciplinary authority is bound to hold a detailed enquiry.” 5. On the other hand, learned Assistant Government Pleader for Civil Supplies, on instructions, has reiterated the contention in show cause notice. 6. In view of the circumstances of the case, the impugned proceedings issued by the 4th respondent vide Rc.No.1158/2025/C, dated 28.02.2025, are hereby set aside with a direction to the respondents to consider the 1 2015 (3) ALD 617 3 JS,J W.P.No.5826/2025 explanations submitted by the petitioner on 18.02.2025 and 19.02.2025 and pass orders afresh within a period of four (04) weeks from the date of receipt of the order. Till such time, the respondents are directed to continue the petitioner as fair price shop dealer of shop No.1261030 of Kenkara Village, Amarapuramu Mandal, Sri Sathya Sai District. 7. With these observations, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. ___________________________ JUSTICE SUMATHI JAGADAM Date: 11.03.2025 KAS 4 JS,J W.P.No.5826/2025 267 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 5826/2025 Date: 11.03.2025 KAS