APHC010212792020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 14026 OF 9070 SMS JULYo o V Between: Boya Basappa, S/o.B.Anjanaiah, Aged about 53 years, Occ: Fair Price Shop Dealer, R/o.H.No.2-46, B.C.Colony, Jampapuram village, Kosige Mandal Kurnool District ...Petitioner AND 1. state of Andhra Pradesh, Rep.by its Principal Secretary (Food, Civil Supplies and Consumer Affairs (CS-I) Department) Secretariat, Velagapudi, Amaravati, Guntur District. 2. District Collector CS, Kurnool District to Government at Kurnool. 3. Joint Collector CS, Kurnool District at Kurnool. 4. Revenue Divisional Officer, Adoni Revenue Division, Adoni Town, Kurnool District. 5. Tahsildar, Kosige Mandal, Kurnool District. ...Respondents Petition under Article 226 of the Constitution circumstances stated i of India praying that in the in the affidavit filed therewith, the High Court pleased to issue a writ, order or direction may be more particularly one in the nature of declaring the proceedings in RC.CS3/318/2019 undated -09-2019 Issued by the 2nd respondent thereby suspended ' authorization of the petitioner's Fair Price shop Dealer No. 1302034 Jampapuram Village In Kosige Mandal of Kurnool District WRIT OF MANDAMUS the situated in without conducting enquiry, without recording reasons and issued show cause notice and suspended the petitioner's from the Fair Price Shop Dealer, as illegal, arbitrary, violative of principles of natural justice and provisions of Andhra Pradesh State Targeted (Public Distribution System) Control Order, 2018 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents particularly respondents 4 and 5, to continue the petitioner's as Fair Price Shop Dealer in Shop No. 1302034 situated in Jampapuram Village in Kosige Manal of Kurnool by supplying essential commodities every month for distribution to cardholders. lA NO: 1 OF 2020 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 suspend the operation of the proceedings in RC.CS3/318/2019, undated -09- 2019 issued by the 2nd respondent thereby suspended the authorization of the petitioner's Fair Price shop Dealer No. 1302034 situated in Jampapuram Village in Kosige Mandal of Kurnool District and consequently direct the respondents 2 to 5 to continue the petitioner's as Fair Price Shop No. 1302034 situated in Jampapuram Village in Kosige Manal of Kurnool by supplying essential commodities every month for distribution to cardholders, pending disposal of main writ petition. lA NO: 2 OF 2020 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 receive the additional documents being filed herewith in W.P.No. 14026 of 2020 in the interest of justice. Counsel for the Petitioner; M/S. PILLIX LAW FIRM Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010212792020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 14026/2020 SMB [3505] Between: 1.BOYA BASAPPA S/O.B.ANJANAIAH, AGED ABOUT 53 YEARS, OCC. FAIR PRICE SHOP DEALER, R/O.H.NO.2-46, B.C.COLONY, JAMPAPURAM VILLAGE, KOSIGE MANDAl' KURNOOL DISTRICT ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT (FOOD, CIVIL SUPPLIES AFFAIRS (CS-I) DEPARTMENT) VELAGAPUDI, AND CONSUMER SECRETARIAT, DISTRICT. 2. DISTRICT COLLECTOR CS, KURNOOL DISTRICT AT KURNOOL. 3.JOINT COLLECTOR CS, KURNOOL. AMARAVATI, GUNTUR KURNOOL DISTRICT AT 4. REVENUE DIVISIONAL OFFICER, ADONI DIVISION, ADONI TOWN, KURNOOL DISTRICT. REVENUE 5.TAHSILDAR, KOSIGE MANDAL, KURNOOL DISTRICT. ...RESPONDENT(S): 2 TCDS,J W.P.No. 14026 of 2020 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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings in RC.CS3/318/2019, undated -09-2019 issued by the 2nd respondent thereby suspended the authorization of the petitioner's Fair Price shop Dealer No.1302034 situated in Jampapuram Village in Kosige Mandal of Kurnool District, without conducting enquiry, without recording reasons and issued show cause notice and suspended the petitioner's from the Fair Price Shop Dealer, as illegal, arbitrary, violative of principles of natural justice and provisions of Andhra Pradesh State Targeted (Public Distribution System) Control Order, 2018 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents particularly respondents 4 and 5, to continue the petitioner's as Fair Price Shop Dealer in Shop No.1302034 situated in Jampapuram Village in Kosige Manal of Kurnool by supplying essential commodities every month for distribution to cardholders and to pass lA NO: 1 OF 2020 praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the operation of the proceedings in RC.CS3/318/2019, undated -09-2019 issued by the 2nd respondent thereby suspended the authorization of the petitioner's Fair Price shop Dealer No. 1302034 situated in Jampapuram Village in Kosige Mandal of Kurnool District and consequently direct the respondents 2 to 5 to continue the petitioner's as Fair Price Shop No.1302034 situated in Jampapuram Village in Kosige Manal of Kurnool by supplying essential commodities every month for distribution to cardholders, pending disposal of main writ petition and pass Petition under Section 151 CPC lA NO: 2 OF 2020 praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to receive the additional Petition under Section 151 CPC 3 TCDS.J W.P.No.l4026of2020 documents being filed herewith in W.P.No. 14026 of 2020 in the interest of justice and pass lA NO: 1 OF 2021 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to set aside the order of dismissed for default dated 17/02/2021 as made in WP No 14026/2020 and restore the same on to its original status and to pass praying that in the lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to permit/receive counter copies on record by granting leave to the Respondent in the above Writ Petition and pass Counsel for the Petitioner; praying that in the 1.PILLIX LAW FIRM Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 4 TCDS.J W.P.No.U026of 2020 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 14026 of 2020 ORDER: The petitioner is the permanent dealer of fair price shop No.1302034 of Jampapuram village, Kosige Mandal, Kurnool District. It is further case of the petitioner that his authorization was renewed from time to time and it was valid upto 31.03.2020. While so, an inspection was conducted in his shop on 17.07.2019 and found certain variations in respect of the stocks maintained by him. Thereafter a report was sent to take action against the petitioner for the irregularities committed by him. Accordingly, a show cause notice dated 27.09.2019 was issued to the petitioner as to why his authorization shall not be cancelled and on the same day the authorization of the petitioner has been suspended pending enquiry. Aggrieved by the same, the present writ petition is filed. The 4^^ respondent filed counter affidavit reiterating what has been stated in the impugned order. 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. Perused the 3. material available on record. V ' 5 TCDS.J W.PMo.l4026ot 2020 Learned counsel for the petitioner would submit that as per clause 8(4) of Control Order, 2018, there is a procedure contemplated for making such enquiry as may be deemed necessary and thereafter the appointing authority may suspend or cancel the authorization of errant dealer by recording the reasons in writing. 4. I On the other hand, the learned Assistant Government Pleader for Civil Supplies would submit that while passing the order impugned, the respondent adhered the procedure contemplated under clause 8(4) of Control Order, 2018. It is not in dispute that the appointing authority may suspend or cancel the authorization of errant dealer as per clause 8(4) of Control Order, 2018. On a close perusal of the said clause, it is clear that the same has to be done after making an enquiry and by recording reasons in writing, he may pass such order. On perusal of the impugned order, it is clear that the 3'^^ respondent, without conducting an independent enquiry provided under the said clause, by relying on the report submitted by the Tahsildar, has suspended the authorization of the petitioner. Further, the order of suspension was passed way back in the year 2019. It is represented by the learned Assistant Government Pleader for Civil Supplies that till date no final orders are passed. Further per clause 8(4)(2) of Control Order, 2018, the appointing authority shall dispose of the disciplinary case filed against the errant dealer 5. as , as 6 TCDSJ W.P.No 14026 of 2020 as early as possible, preferably within a period of three months from the date of filing. Admittedly, in the case on hand, proceedings were initiated against the petitioner in the year, 2019 and by impugned order, his authorization was suspended, thereafter, for the reasons best known to the respondents, they did not complete the enquiry as per clause 8(4) (2) of Control Order, 2018. From the above, it is clear that the respondents did not follow the procedure contemplated either under clause 8(4) or clause 8(4) (2) of Control Order, 2018. It is further represented by the learned counsel for the petitioner that in similar circumstances, this Court in W.P.No.16163 of 2019 and batch, set aside the order of suspension by directing the petitioner therein to submit explanation and thereafter the respondents are further directed to complete enquiry within a period of four (4) weeks. This Court also made it clear that till completion of the enquiry, the respondents are directed to supply essential commodities to the petitioner therein. During the course of hearing, the learned counsel for the petitioner and the learned Assistant Government Pleader admitted that no alternative arrangement is made by appointing a temporary dealer or a permanent dealer in the place of the petitioner. 6. 1 TCDS,J W.P.No.l4026of2020 7. For the foregoing reasons, the order impugned does not stand for judicial scrutiny and accordingly, the same is set aside. Following the order passed by this Court in the above said writ petition and batch, the impugned order is set aside and the present writ petition is allowed directing the petitioner to submit explanation to the show cause notice within a period of two (02) weeks from today and thereafter the respondent shall consider the said explanation offered by the petitioner and pass appropriate orders in accordance with law. It is needless to mention that before passing such order, the petitioner shall be given opportunity of being heard. 8. Accordingly, this writ petition is allowed. It is needless to mention that in view of the orders passed by this Court in the present writ petition, the respondents are directed to supply the essential commodities to the petitioner. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/-B. PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government Consumer Atfairs (CS-I) Department), Amaravati, Guntur District. 2. The District Collector CS, Kurnool District at Kurnool. 3. The Joint Collector CS, Kurnool District at Kurnool. 4. The Revenue Divisional Officer, Kurnool District. (Food, Civil Supplies and Secretariat, Velagapudi, Adoni Revenue Division, Adoni Town, ^ 5. The Tahsildar, Kosige Mandal, 6. One CC to M/s. Pillix Law Firm, Advocate 7. Two CCs to GP for Civil Supplies, High Court of Andhra 8. Two CD Copies Kurnool District. [OPUC] Pradesh [OUT] TF HIGH COURT DATED:24/07/2025 ORDER WP NO. 14026 OF 2020 ALLOWING THE W.P. WITHOUT COSTS