1 TCDS,J W.P.No.15314 of 2025 APHC010305142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 15314/2025 Between: 1. GONTU NARASAMMA, W/O YEDURU KONDAREDDY, AGE43 YEARS,OCCUPATIONIFAIR PRICE SHOP DEALER, F.P.SHOP.NO..0811021, PEDARIKATIA, GONTUVARIPALLI VILLAGE, KONAKANAMITIA MANDAL,PRAKASAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENT BY ITS PRINCIPAL SECRETARY(CONSUMER AFFAIRS, FOOD CIVIL SUPPLIES),AP SECRETATARIATE, VELAGAPUDI,GUNTUR DISTRICT 2. THE DISTRICT JOINT COLLECTOR, (CIVIL SUPPLIES),ONGOLE,PRAKASAM DISTRICT 3. THE DISTRICT SUPPLIES OFFICER, ONGOLE,PRAKASAM DISTRICT 4. THE REVENUE DIVISIONAL OFFICER, KANIGIRI,PRAKASAM DISTRICT. 5. THE TAHSILDARKONAKANAMITIA MANDAL, KONAKANAMITIA MANDAL, PRAKASAM DISTRICT. 6. THE ENFORCEMENT DEPUTY TAHASILDAR, (CIVIL SUPPLIES), PODILI, PRAKASAM DISTRICT ...RESPONDENT(S): 2 TCDS,J W.P.No.15314 of 2025 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 action of the 4 respondent in issuing proceedings Rc.E/289/2025, dated 26.05.2025 by suspending the authorization of the petitioner as fair price shop dealer of Fair Price Shop.No.0811021, Pedarikatia, Konakanamitia Mandal, Prakasam Districtwithout 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 for the dealer of Fair Price Shop.No.0811021, Pedarikatia, Konakanamitia Mandal, Prakasam District and pass IA 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 pleased to direct the respondents to continue the petitioner as the Fair Price shop Dealer and to supply essential commodities to the petitioner’s Fair Price Shop.No.0811021 Konakanamitia Mandal, Prakasam District by suspending the impugned proceedings of 4th respondent in Rc.E/289/2025, dated 26.05.2025 pending disposal of Writ Petition, and to pass IA NO: 2 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 pleased to amend the main prayer as cancellation instead of suspension (Suspending) of dealership of the petitioner for Fair Price Shop.No.0811021, Pedarikatia, Konakanamitia Mandal, Prakasam District, proceedings of 4rt respondent in Rc.E/289/2025, dated 26.05.2025 and to pass Counsel for the Petitioner: 1. GUNDALA SIVA PRASADA REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 TCDS,J W.P.No.15314 of 2025 The Court made the following order: The present writ petition is filed questioning the order dated 26.05.2025 passed by the 4th respondent whereunder the authorization of petitioner’s Fair Price Shop bearing No.0811021, Pedarikatla, Konakanamitla Mandal, Prakasam District was cancelled alleging certain irregularities against the petitioner. 2. It is the specific case of the petitioner that before passing the order under challenge the 4th respondent did not issue any notice to the petitioner and thereby violated the principles of natural justice and prayed this Court to set aside the order impugned. 3. When the matter is taken up for hearing, the learned Assistant Government Pleader for Civil Supplies placed show-cause notice dated 26.03.2025 issued to the petitioner asking her to appear for personal hearing on 03.04.2025 at 11 a.m. in the chambers of Revenue Divisional Officer, Kanigiri/4th respondent. 4. On perusal of the show-cause notice dated 26.03.2025, it is apparent that the petitioner affixed her signature on the same. From the above, it is clear that the respondents have served notice dated 26.03.2025 on the petitioner. 5. In view of the above, the contention raised by the learned counsel for the petitioner that no show-cause notice was 4 TCDS,J W.P.No.15314 of 2025 served on her cannot be countenance. Further, on perusal of the impugned order, it is noticed that the variation found by the respondents are not within the permissible limits. Therefore, the present writ petition is not maintainable inasmuch as there are disputed questions of facts are involved. 6. In view of the same, the Writ Petition is dismissed as not maintainable and the petitioner is at liberty to file appeal as provided under law. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Dt.30.06.2025 KGR 5 TCDS,J W.P.No.15314 of 2025