IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH . TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM / WRIT PETITION NO: 6120 OF 2025 Between: Smt. Ucchala Haritha, W/o. U.Chennakesava Reddy, Aged about 43 years, Occ: FP Shop Dealer of Shop No. 1118006 R/o.D.No.2/67, Ravulakolanu Village, Simhadripuram Mandal, YSR Kadapa District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Civil Supplies Department, Secretariat Buildings At Velagapudi, Amaravathi Andhra Pradesh. 2. The District Collector, YSR Kadapa District at Kadapa. 3. The Joint Collector, YSR Kadapa District at Kadapa. 4. The Revenue Divisional Officer, Pulivendula, YSR Kadapa District. 5. The Tahsildar, Simhadripuram Mandal, YSR Kadapa District. ...Respondents 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 pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing proceedings Ref. No. 1/91/2025 dated 22.02.2025 by suspending the authorization of the petitioner as fair price shop dealer of Shop No.1118006, Ravulakolanu Village, Simhadripuram Mandal, YSR Kadapa District without there being any valid reason, without issuing any notice to the petitioner as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and consequently set-aside the same and further direct the respondents to continue the petitioner to hold F.P Shop No.1118006, Ravulakolanu Village, Simhadripuram Mandal, YSR Kadapa District. / lA NO: 1 OF 2025 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 to continue the petitioner as F.P. shop Dealer and to supply essential commodities to the petitioner’s fair F.P Shop No.1118006, Ravulakolanu Village, Simhadripuram Mandal, YSR Kadapa District by suspending the proceedings of 4th respondent in Ref.No. 1/91/2025 dated 22.02.2025, pending disposal of Writ Petition. Counsel for the Petitioner: SRI. Counsel for the Petitioner: SRI. P NARAHARI BABU Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010118832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3459] TUESDAY ,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6120/2025 Between; ...PETITIONER Ucchala Haritha AND ...RESPONDENT(S) The State Of Ap and Others 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 present Writ Petition is filed to declare the action of the 4**^ respondent in issuing proceedings in Ref.No.1/91/2025, dated 22.02.2025, by suspending the authorization of the petitioner as fair price shop dealer of Shop No.1118006, Ravulakolanu Village, Simhadripuram Mandal, YSR Kadapa District without there being any valid reason, without issuing any notice to the petitioner as illegal, arbitrary and violative of principles of natural justice, violative of Articles 14, 19{1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System 2 JS,J W.P.No.6120 of 2025 (Control) Order 2018 and consequently set-aside the same and further direct the respondents to continue the petitioner to hold F.P Shop No.1118006, Ravulakolanu Village, Simhadripuram Mandal, YSR Kadapa District. 2. The case of the petitioner is that she was appointed permanent dealer of fair price Shop No.1118006, Ravulakolanu Village, Simhadripuram Mandal, YSR Kadapa District in the year 2005 under compassionate ground. The authorization of the petitioner subsisting as on today. as Earlier, when the respondent authorities have suspended the authorization of the petitioner, she filed W.RNo.36923 of 2015 and the same was allowed by order dated 13.11.2015. 3. On 29.01.2025, respondent No.4 vide Ref.No. 1/91/2025 issued a show cause notice framing three charges. The petitioner has submitted her explanation on 22.02.2025. However, the respondent No.4, without considering the petitioner’s explanation, has issued the impugned proceedings vide Ref.No.1/91/2025, dated 22.02.2025, suspending the authorization of the petitioner’s fair price. The petitioner relied on the similar order dated 24.02.2025 passed by this Court in W.P.No.4833 of 2025, which reads under:- as 8. In the result, the writ petition is disposed of setting aside the impugned order vide D.Dis.No.B2/1445/2024, dated 17.01.2025, giving liberty to the 4'^ respondent to 3 JS,J W.P.No.6120 of 2025 conduct inquiry afresh in the light of the above cited decision and pass an appropriate order thereafter, petitioner shall continue to operate as a dealer, as usual, without any disruption.” Till then, the Heard Sri P. Narahari Babu, learned counsel for the petitioner, and learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 4. Learned Assistant Government Pleader submits that the petitioner has violated the authorization condition No.20, condition No. 17(a) and clause 12(a)of APSTPDS (Control) Order, 2018 and, therefore, the impugned order of suspension was passed. 5. « / In similar circumstances, vide order dated 24.02.2025, this Court allowed W.P.No.4836 of 2025 by setting aside the cancellation order and the relevant portion of the order is extracted hereunder: 6. Since the procedure contemplated under law has not been followed in conducting the enquiry nor was any due opportunity provided to the petitioner to participate in the enquiry, the principles of natural justice as well as the provisions of law violated. Therefore, it is a fit case to interfere with the impugned order dated 29.01.2025.” 9. are In view of the fact that the 4*'' respondent has issued the impugned proceedings suspending the authorisation of the petitioner without conducting enquiry, and by taking into consideration the order dated 24.02.2025 passed by this Court in W.P.No.4836 of 2025, the Writ Petition is disposed of, by setting aside the impugned proceedings with a direction to the respondents to consider the explanation/representation,dated 04.02.2025, submitted by the 7. / 4 petitioner and pass fresh orders, in accordance with law"XT““ period of six (06) weeks from today. In the meantime, the respondents are directed not to take any coercive steps against the petitioner’s fair price shop No.1118006,Ravulakolanu Village, Simhadripuram Kadapa District. No order as to costs. Mandal, YSR As a sequel, miscellaneous petitions, if any, pending shall stand closed. Sd/- V.SAVITHRI GOWRI ASSISTANT REGISTRAR //TRUE COPY// OFFICER SE To The Principal Secretary, Civil Supplies Department, State of AP, Secretariat Buildings At Velagapudi, Amaravathi, Andhra Pradesh. 1. 2. The District Collector, YSR Kadapa District at Kadapa. 3. The Joint Collector, YSR Kadapa District at Kadapa. 4. The Revenue Divisional Officer, Pulivendula, YSR Kadapa District. 5. The Tahsildar, Simhadripuram Mandal, YSR Kadapa District. One CC to Sri. P Narahari Babu Advocate [OPUC] 6. 7. Two CCs to GP For Civil Supplies, High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies GSC HIGH COURT DATED: 11/03/2025 ORDER WP.No.6120 of 2025 2 9 MAR 2025 |); . Current Section o /ro /X disposing of the wp WITHOUT COSTS