s ■ s APHC010278572023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 14427 OF 2023 &12902 OF 2022 WRIT PETITION NO: 14427 OF 20?.? ^ Between: G Dastagiramma, D/o G Karrenna Hindu, Aged about 33 .years. Fair Price Shop Dealer Aspari Mandal, Kurnool District. F.P. Shop No.1326038, Mulugundam Village, X ...Petitioner AND 1. The State Of Andhra Pradesh, Rep by its Principal Secretary Civil Supplies Department, Secretariat, Velagapudi, Amaravathi. 2. The District Collector Civil Supplies, Kurnool District. 3. The Joint Collector, Kurnool District, Kurnool. 4. The Revenue Divisional officer, Pathikonda Division, Kurnool District. 5. The Mandal Tahsildar, Aspari Mandal, Kurnool District. X ...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 Writ, Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus, declaring the impugned order in Rc.M.584/2023, dated 09.05.2023 passed by the 4th respondent the Fair Price Shop authorization of the Petitioner to suspending run the F.P. Shop No. 1326038, Mulugundam Village, Aspari Mandal, KURNOOL District is illegal, arbitrary, malafide and contrary to provisions of A.P. Schedule Commodities (TPDS) Control Order, 2018 apart from violation of the principles of natural justice by setting aside the same and consequentially direct the Respondents to revoke the suspension order and continue my authorization to run the Fair price Shop No. 1326038 of Mulugundam village, Aspari Mandal, Kurnool District, in the interest of justice. lA NO: 1 OF 2023 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 impugned order in Rc.M.584/2023, dated 09.05.2023 passed by the 4th respondent and consequentially direct the respondents to supply the commodities to the Petitioner to run the F.P. Shop No. 1326038 of Mulugundam village, Aspari Mandal, Kurnool District pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: A CHANDRAIH NAIDU Counsel for the Respondent Nos.1 to 5: GP FOR CIVIL SUPPLIES WRIT PETITION NO: 12902 OF 2022: ^ Between: G.Dastagiramma, D/o G.Karrenna Hindu, Aged about 33 Price Shop Dealer, Aspari Mandal, Kurnool District. years. Fair F.P. Shop No.1326038, Mulugundam Village ...Petitioner AND 1. State of Andhra Pradesh, Rep by its Principal Secretary Civil Supplies Department, Secretariat, Velagapudi, Amaravathi. 2. The District Collector Civil Supplies, Kurnool District. 3. The Joint Collector, Kurnool District, Kurnool. 4. The Revenue Divisional officer, Adoni Division, Kurnool District. 5. The Revenue Divisional officer, Pathikonda Division, Kurnool District. 6. TheMandalTahsildar, AspariMandal, Kurnool 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 Writ, Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus, declaring the impugned order in Rc.M.3088/2019, dated 31.03.2022 issued by the 4th respondent cancelling the Fair Price Shop authorization of the Petitioner to run the F.P. Shop No.1326038, Mulugundam Village, Aspari Mandal, KURNOOL is illegal, arbitrary, malafide and contrary to the directions of this Hon'ble Court passed on 16.12.2021 in W.P. No.14601/2019 and contrary to provisions of A.P. Schedule Commodities (TFDS) Control Order, 2018 apart from violation of Principles of nature of Justice by setting aside the consequentially direct the Respondents to restore my authorization to run the Fair price Shop No.1326038 of Mulugundam village, Aspari Mandal, Kurnool District, in the interest of justice. same and lA NO: 1 OF 2022 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 impugned order in Rc.M.3088/2019, dated 31.03.2022 issued by the 4th respondent and consequentially direct the respondents to supply the commodities to the Petitioner to run the F.P. Shop No.1326038 of Mulugundam village, Aspari Mandal pending disposal of the writ petition to the interest of justice. lA NO: 1 OF 2023 Between: 1. State of Andhra Pradesh, Rep by its Principal Secretary Civil Supplies Department, Secretariat, Velagapudi, Amaravathi. The District Collector Civil Supplies, Kurnool District. The Joint Collector, Kurnool District, Kurnool. The Revenue Divisional officer, Adoni Division, Kurnool District. The Revenue Divisional officer, Pathikonda Division, Kurnool District. The Mandal Tahsildar, Aspari Mandal, Kurnool District. 2. 3. 4. 5. 6. ...Petitioners/Respondents AND G.Dastagiramma, D/o G.Karrenna Hindu, Aged about 33 years. Fair Price Shop Dealer, F.P. Shop No.1326038, Mulugundam Village, Aspari Mandal, Kurnool District. ...Respondent/Petitioner 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 vacate the interim order 30.04.2022 passed in WP No. 12902 of 2022 and dismiss the Writ Petition. Counsel for the Petitioner: A CHANDRAIH NAIDU Counsel for the Respondent Nos.1 to 6: GP FOR CIVIL SUPPLIES The Court made the following Common order: APHC010278572023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] f MONDAY;THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 12902/2022 & 14427/2023 Between: 1.G DASTAGIRAMMA, D/0 G.KARRENNA HINDU, AGED ABOUT 33 .YEARS, FAIR PRICE SHOP DEALER, F.P. SHOP N0.1326038, MULUGUNDAM VILLAGE, ASPARI MANDAL, KURNOOLDISTRICT. ...PETITIONER AND REP BY ITS PRINCIPAL CIVIL SUPPLIES DEPARTMENT, 1.THE STATE OF AP, SECRETARY SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2.THE DISTRICT COLLECTOR CIVIL SUPPLIES, KURNOOL DISTRICT. 3.THE JOINT COLLECTOR, KURNOOL DISTRICT, KURNOOL. 4.THE REVENUE DIVISIONAL OFFICER, PATHIKONDA DIVISION, KURNOOL DISTRICT. 5.THE MANDAL TAHSILDAR, ASPARI MANDAL, KURNOOL DISTRICT. ...RESPONDENT{S): 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 Writ, Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus, declaring the impugned order in Rc.M.584/2023, dated 09.05.2023 passed by the 4th respondent suspending the Fair Price Shop authorization of the Petitioner to run the F.P. Shop No. 1326038, Mulugundam Village, Aspari Mandal, KURNOOL District is illegal, arbitrary, malafide and contrary to provisions of A.P. Schedule Commodities (TPDS) Control Order, 2018 apart from violation of the principles of natural justice by setting aside the same and consequentially direct the Respondents to revoke the suspension order and continue authorization to Mulugundam village, Aspari Mandal, Kurnool District, in the interest of justice and pass lA NO: 1 OF 2023 my run the Fair price Shop No. 1326038 of 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 pleased to suspend the impugned order in Rc.M.584/2023, dated 09.05.2023 passed by the 4th respondent and consequentially direct the respondents to supply the comrhodities to the Petitioner to run the F.P. Shop No. 1326038 of Mulugundam village, Aspari Mandal, Kurnool District pending disposal of the writ petition in the interest of justice and pass Counsel for the Petitioner: 1.ACHANDRAIH NAIDU Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following order: Since the petitioner and the respondents are common in both the writ petitions, they are being disposed of by way of this common order. 2. The writ petition No.12902 of 2022, is filed questioning order dated 31.03,2022, passed by the 4^^ respondent, whereunder cancelled the authorization of petitioner s fair price No.1326038 of Mulugundam Village, Aspari Mandal, shop Kurnool District. It is the case of the petitioner that, she was appointed as fair price shop dealer on permanent basis by virtue of proceedings vide RC.M.No.558/2015, dated 06.05.2015. It is her further case that, she has been distributing essential commodities to the card holders without any adverse remarks. The petitioner’s authorization was suspended by order dated 07.09.2019, and the 4^^ respondent simultaneously issued show cause notice dated 06.09.2019, asking the petitioner to submit explanation as to why her authorization shall not be cancelled based on certain irregularities said to have been committed by her. It is the specific of the petitioner that, the said show cause notice was issued based on the report submitted by the Mandal Revenue Inspector, Aspari Mandal and Village Revenue Officer, Mulugundam, wherein it was stated that, inspection was conducted by them on 3. case 4 .i 07.08.2019 and found certain variations in petitioner’s fair price shop. Questioning the said suspension of her authorization, the petitioner filed a writ petition vide WP No. 14601 of 2019 and this Court, by way of order dated 05.09.2019, suspended the said order. In view of the interim order granted by this Court in the said writ petition, the petitioner continued to distribute essential commodities to the card holders, in other words the authorization of the petitioner was restored. Finally, the said writ petition was disposed of by order dated 16.12.2021, directing the 4*^ respondent to complete final enquiry as per the provisions of Clause 8(4) of APSTPDS (Control) Order, 2018, by conducting enquiry to prove the charges against the petitioner, by adducing evidence and give an opportunity to the petitioner to examine the witnesses to defend the petitioner’s case in the enquiry and pass final orders as expeditiously as possible, within a period of ninety (90) days from the date of receipt of copy of the order. This Court further directed the respondents to continue the petitioner as fair price shop dealer for shop No. 1326038 of Mulugundam Village, and to supply essential commodities to her, to distribute the same to the card holders. Pursuant to the said cross order passed by this court, the petitioner was served with show cause notice dated 08.03.2022, asking to attend before the 4*^^ respondent for enquiry and to submit explanation on the charges leveled against her. It is submitted by the learned counsel for the petitioner that, the petitioner attended the enquiry on 15.03.2022 and submitted explanation. On the said day, the 4 respondent having received the explanation submitted by the petitioner, did not choose to conduct any enquiry as directed by this court and informed the petitioner that, the next date of enquiry will be informed to her. It is further stated that, the respondent instead of conducting enquiry as per the directions of this court, passed impugned order dated 31.03.2022, whereunder the authorization of the petitioner was cancelled. Questioning the said cancellation order, the petitioner preferred an appeal before the respondent on 18.04.2022, along with an application seeking to suspend the order passed by the 4**^ respondent. It is further stated that, despite her efforts to get the said application heard before the 3'^'^ respondent, the same cannot be fr.uitified, therefore present writ petition, by challenging the order of cancellation of authorization of the petitioner. 4. On the other hand, learned Assistant Government Pleader for Civil Supplies would submit that, the present writ petition is not maintainable, inasmuch as the petitioner, having filed appeal before the 3*^^ respondent as against the impugned order, cannot she filed 6 maintain parallel proceedings by challenging the same order before this Court in the present writ petition. He would further submit that, an inspection was conducted by the Mandal Revenue Inspector, Aspari Mandal and Village Revenue Officer, Mulugundam, and submitted their report alleging variations and accordingly after conducting enquiry and following procedure contemplated under law, the impugned order came to be passed. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. Perused the material available on record. 5. 6. Though the learned counsel for the petitioner advanced arguments touching various aspects of the matter, including the inspection and the report submitted by Mandal Revenue Inspector, Aspari Mandal and Village Revenue Officer, Mulugundam, whereunder it is specifically stated that, there were no variation in the stock maintained by the petitioner, nevertheless, disciplinary action was initiated against her, and eventually, by way of impugned order her authorization was cancelled. This Court, by order dated 30.04.2022, passed interim order, whereunder stayed all further proceedings against the petitioner. The said interim order is subsisting till today. 7. 7 r As rightly pointed out by the learned Assistant Government Pleader for Civil Supplies, the petitioner cannot maintain the present writ petition, having already filed an appeal before the respondent against the very same order. On perusal of the affidavtt filed in support of the writ petition, it is clear that, the petitioner also filed application seeking stay of all further proceedings, pursuant to the impugned order. Since she could not get the said application heard, the present writ petition is filed. In view of the submissions made by both the learned counsel, and having regard to the fact that interim order is subsisting, this Court is not inclined to go into the merits of the 8. 9. matter. i Taking into consideration of the facts of the case, this Court feels that, it is appropriate to dispose of this writ petition, directing the respondents to dispose of the appeal filed by the petitioner as expeditiously as possible, preferably within a period of three (03) months from today. It is needless to mention that, the respondent is directed to inform the date of hearing and shall provide opportunity of being heard to the petitioner before passing final order in the matter. 10. 8 In view of the orders passed in WP No. 12902 of 2022, the 4*^ respondent is directed to complete the enquiry and pass appropriate orders within three (03) months from today. Further, it is made clear that, till final orders are passed in the said appeal,' the interim order granted by this Court shall continue. 11. 12. 13. Accordingly, the writ petitions are disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- KJ.RAJA B^BU assistant registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Civil Supplies Department, Secretariat! Velagapudi, Amaravathi. 2. The District Collector Civil Supplies, Kurnool District. 3. The Joint Collector, Kurnool District, Kurnool. 4. The Revenue Divisional officer, Pathikonda Division, Kurnool District 5. The Mandal Tahsildar, Aspari Mandal, Kurnool District. 6. The Revenue Divisional officer, Adoni Division, Kurnool District. 7. One CC to SRI. A CHANDRAIH NAIDU Advocate [OPUC] 8. Two CCs to GP FOR CIVIL SUPPLIES High Court of Andhrk Pradesh [OUT] i 9. Two CD Copies. AL \ ^ \ \ HIGH COURT DATED:07/07/2025 COMMON ORDER WP NO. 14427 OF 2023 & 12902 OF 2022 DISPOSING OF THE W.P.s WITHOUT COSTS