APHC010295932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 15036 OF 2025 Between: Yeruva Kasi Lakshmi @ Lakshmamma, W/o. Late Kasi Reddy, Aged about 42 years, F.P. Shop. No. 0809005 Malyavanthunipadu Village, Markapur Mandal, Markapur Division, Prakasam District ...Petitioner AND 1. The State of Andhra Pradesh , rep. By its Principal Secretary, Civil Supplies (CS) Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Collector Civil Supplies, Ongole, Prakasam District. 3. The Sub Collector, Markapur, Prakasam District. 4. The Tahsildar, Markapur Mandal, Prakasam District. 5. Enforcement Deputy Tahsildar, Markapur Mandal, Prakasam 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 an appropriate writ order or direction more one in the nature of Writ of mandamus or any other appropriate writ order or direction declaring the action of the 3rd Respondent vide proceedings in Rc.C/246/2025 dated 31-05-2025 suspending the petitioners authorization in respect of FP Shop No. 0809005 Malyavanthunipadu Village, Markapur Division, Prakasam District without assigning any valid reasons and without following the procedure as contemplated under A.P. State Targeted Public Mandal, Markapur % Distribution System (Control) order 2018, besides offending Article 14 and 19 of Constitution of India and consequentially direct the respondents to allot the stocks for distribution to the card holders by suspending the order issued by the 3rd respondent vide proceedings in Rc.C/246./2025 dated 31-05-2025 in respect of F.P. Shop No. 0809005 Malyavanthunipadu Village, Markapur Mandal, Markapur Division, Prakasam District pending disposal of the above writ petition. 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 allot the stocks for distribution to the card holders by suspending the order issued by the 3rd respondent vide proceedings in Rc.C/246/2025 dated 31-05-2025 in respect of F.P. Shop No. 0809005 Malyavanthunipadu Village, Markapur Mandal, Markapur Division, Prakasam District pending disposal of the above writ petition. Counsel for the Petitioner: SRI KOPPARTHI SUMATHI Counsel for the Respondent: GP FOR CIVIL SUPPLIES The Court made the following Order: APHC010295932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY ,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 15036/2025 Between: Yeruva Kasi Lakshmi @ Lakshmamma ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.KOPPARTHI SUMATHI Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES 2 The Court made the following order: The present writ petition is filed questioning the ■ proceedings in Rc.C/246/2025, dated 31.05.2025, issued by the 3'^'^ respondent, whereunder the authorization of the petitioner’s fair price shop was suspended. It is the case of the petitioner that, initially the 3 respondent issued show cause notice dated 14.05.2025, alleging certain irregularities against the petitioner in running fair price shop No.0809005, Malyavanthunipadu Village, Markapur Mandal. It is further case of the petitioner that, she has submitted explanation on 19.05.2025 to the said show cause notice. Thereafter, the 3^*^ respondent passed the impugned order dated 31.05.2025, suspending the authorization of the petitioner on the ground that there is a variation of 13 kgs of PDS Fortified Rice. Questioning the said order, the present writ petition is filed. Heard learned counsel for the petitioner and learned 2. Assistant Government Pleader for Civil Supplies. The learned counsel for the petitioner strenuously contended that, the 3'^'^ respondent ought not to have passed the 3. order of suspension inasmuch as, the variation alleged in the suspension order is only 13 kgs of PDS Fortified Rice which is 3 within the permissible limit as provided for under clause 29(a) of AP State Targeted Public Distribution System (Control) order, 2018. It is further case of the petitioner that, though she has submitted explanation to the show cause notice, without considering the same in its proper perspective and in contravention of clause 29(a) of Control Order, 2018, the 3 respondent issued impugned order. The learned counsel for the petitioner would also place reliance on the order dated 02.12.2024, passed in WP No.27918 of 2024, whereunder this Court held that, based on such minor variations the authorization rd of a fair price shop cannot be suspended. Learned Assistant Government Pleader for Civil Supplies 4. did not dispute the same and requested to pass appropriate orders in the present writ petition. Having considered the submissions made by the learned counsel on record, since the impugned order is passed in contravention of clause 29(a) of the Control Order, 2018 and following the order passed in WP No.27918 of 2024, the present writ petition is allowed, setting aside the impugned order dated 31.05.2025. There shall be no order as to costs. 5. 4 As a sequel, pending applications, if any, shall stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary. Civil Supplies (CS) Department, Secretariat, Velagapudi, Amaravathi, Guntur District. Collector Civil Supplies, Ongole, Prakasam District. Sub Collector, Markapur, Prakasam District. 2. The 3. The 4. The Tahsildar, Markapur Mandal, Prakasam District. Enforcement Deputy Tahsildar, Markapur Mandal, Prakasam 5. The District. 6. OneCCto 7. Two CCS to Pradesh. 8. Three CD Copies M/s.Kopparthi Sumathi, Advocate [OPUC] the GP for CIVIL SUPPLIES, High Court of Andhra vna HIGH COURT DATED:24/06/2025 ORDER W.P.No.15036/2025 ALLOWING THE WRIT PETITION WITHOUT COSTS