1 VS,J W.P.No.14101 of 2019 APHC010304882019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14101/2019 Between: 1. PANDITI RAVI KUMAR,, S/O. LATE SUNKANNA, AGED ABOUT 40 YEARS, F.P. SHOP DEALER, F.P.SHOP.NO. 118501A R/O. JAMMALAMADUGU VILLAGE AND MANDAL, Y.S.R. KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, YSR KADAPA DISTRICT, ANDHRA PRADESH STATE. 3. THE TAHSILDAR, JAMMALAMADUGU MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH STATE. ...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 toto issue a writ order or direction, more particularly one in the nature of writ of mandamus, declaring the action of the 2nd respondent in suspending the authorization of the petitioner in Ref.No.1(4)/925/2019 dated 29.08.2019 without issuing show cause notice to the petitioner is illegal, arbitrary, and violation of the principles of natural justice and consequently set aside the same and pass 2 VS,J W.P.No.14101 of 2019 IA NO: 1 OF 2019 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 proceedings in Ref.No.1(4)/925/2019 dated 29.08.2019 issued by the 2nd respondent by directing the respondents 2 and 3 to supply Essential Commodities to the petitioner's Fair Price Shop No. 118501A of Jammalamadugu Village and Mandal, YSR Kadapa District, pending disposal of the above writ petition, and pass IA NO: 2 OF 2019 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 vacate the interim orders dated 19.09.2019, made in I.A.No. 1 of 2019 in W.P.No. 14101/2019 and pass such other order Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP) The Court made the following: 3 VS,J W.P.No.14101 of 2019 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14101/2019 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a writ order or direction, more particularly one in the nature of writ of mandamus, declaring the action of the 2nd respondent in suspending the authorization of the petitioner in Ref.No.1(4)/925/2019 dated 29.08.2019 without issuing show cause notice to the petitioner is illegal, arbitrary, and violation of the principles of natural justice and consequently set aside the same…” 2. The petitioner was appointed as a permanent fair price shop dealer for shop No.118501A of Jammalamadugu Village and Mandal, YSR Kadapa District, in the year 2015. From the date of his appointment, the petitioner has been distributing the essential commodities to the cardholders without any remarks either from the cardholders or from the concerned authorities. 3. While the matter stood thus, on 19.08.2019, the 3rd respondent inspected the petitioner’s fair price shop and found certain irregularities. Basing on report of the 3rd respondent, the 2nd respondent suspended the petitioner’s authorization vide impugned proceedings dated 29.08.2019. Challenging which, the present writ petition is filed on the sole ground that the 2nd respondent, even without issuing a show cause notice or calling for an explanation from the petitioner, has passed the impugned proceedings. 4. When the writ petition came up for admission on 19.09.2019, this Court passed the following interim order:- 4 VS,J W.P.No.14101 of 2019 “This petition is filed under Section 151 CPC seeking to suspend the proceedings dated 29.08.2019 issued by the 2nd respondent by directing the respondents 2 and 3 to supply essential commodities to the petitioner’s fair price shop No.118501A, Jammalamadugu Village and Mandal, YSR Kadapa District, pending disposal of the writ petition. Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies appearing for the respondents. The grievance of the petitioner is that the respondent authorities have not issued any show cause notice before passing the impugned proceedings. He was deprived of an opportunity to submit his explanation, which is against the principles of natural justice. Considering the submissions of the learned counsel for the petitioner, this Court is of the considered view to grant a limited stay to the petitioner till filing of counter by the respondents. There shall be interim suspension as prayed for, for a period of four weeks.” 5. The 3rd respondent has filed a detailed counter reiterating the facts as stated by the petitioner and has stated that basing on the complaint made by the cardholders as against the petitioner alleging that he has been running the said fair price shop by adopting illegal methods against the policy of the Government, an inspection was conducted at the petitioner’s shop. When the petitioner was questioned, he did not give any proper reply to them. As such, basing on the report of the Mandal Revenue Inspector, Jammalamadugu, the 3rd respondent submitted a report to the Joint Collector i.e., the 2nd respondent, to take disciplinary action against the petitioner, duly enclosing the copies of the report of Mandal Revenue Inspector and statements of the cardholders, vide office Ref.No.EDT/02/2019 dated 19.08.2019. The 2nd respondent, after examination of report submitted by the 3rd respondent, felt 5 VS,J W.P.No.14101 of 2019 that there is prima facie case of contravention of Control Order 2018 and therefore, suspended the petitioner’s authorization pending disciplinary proceedings as per the A.P.Targetted Public Distribution System Control Order 2018 with immediate effect, vide proceedings in Ref.No.I (4)/925/2019, directing the 3rd respondent to make alternative arrangements. 6. As per the counter affidavit filed by the 3rd respondent, it is an admitted fact that no show cause notice was issued to the petitioner before suspension, nor an explanation was called for from the petitioner before suspending his authorization. However, the 2nd respondent, solely basing on the report submitted by the 3rd respondent and the statements of the cardholders, straight away suspended the petitioner’s authorization even without conducting any enquiry. In view of the same, the impugned orders are in violation of principles of natural justice and are liable to be set aside. 7. Accordingly, the Writ Petition is allowed by setting aside the impugned proceedings dated 29.08.2019 issued by the 2nd respondent. In view of the same, the petitioner is at liberty to approach the concerned authorities. No costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date : 09.09.2025 JLV 6 VS,J W.P.No.14101 of 2019 550 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14101/2019 Dt.09.09.2025 JLV