5i t APHC010309132025 IN THE HIGH COURT OF ANDHRA PRADES^/^^^^^ AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR . WRIT PETITION NO: 15467 OF 20?!^ 0;*’0 Pu 0 Between: Shaik Fathima, W/o Jelani Basha, Age Dealer, F.P.Shop.No.0812034, Prakasam District 58 Years, Occupation.Fair Price Shop Katurivaripalem village Podili Mandal, ...Petitioner Represent by It's Principal Secretary and Civil Supplies), AP AND 1. The State of Andhra Pradesh, (Consumer Affairs, Food Velagapudi, Guntur District 2. The District Joint Collector Civil Supplies, Ongole,Prakasam District 3. The District Supplies Officer, Ongole. Prakasam 4. The Revenue Divisional Officer, Kanigiri, Prakasam 5. The Tahsildar, podili Mandal, Prakasam District. 6. The Enforcement Deputy Tahasildar District. 7. Gandham Sai sudha Rani W/o Dealer, shop i Mandal, Prakasam District. (R7 is impleaded in Petition and Affidavit 25 vide orders passed in lA No. 2 of 2025) secretatariate. District District. (Civil Supplies), Podili, Prakasam Narendra, 32 years. Fair Price Shop no. 0811012 R/o. Kakuturivaripalem Village , Podili as per the C.O. dt. 29-07- ...Respondents Petition under Article 226 of the Constitution of India praying that in the ckcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing proceedings Rc. E/608/2025, dated 26.05.2025 by suspending the authorization of the petitioner as fair price shop dealar of Fair Price Shop.No.0812034,Katurivaripalem viltage, Podili Mandal, Prakasam District, without 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.0812034, Katurivaripalem village, Podili Mandal, Prakasam District. , 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 continue the petitioner as the Fair Price shop Dealer and to supply essential commodities to the petitioner’s Fair Price Shop.No.0812034,Katurivaripalem village, Podili Mandal, Prakasam District , by suspending the impugned proceedings of 4th respondent in Rc. E/608/2025, dated 26.05.2025 pending disposal of Writ Petition Counsel for the Petitioner: M/S. KETHVATHU PARVATHI BAr Counsel for the Respondent Nos. 1 to 6: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.7: SRI NARAM NAGESWARA RAO The Court made the following order: APHC010309132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 15467/2025 Between: 1.SHAIK FATHIMA, W/0 JELANI BASHA, AGE. 58 YEARS,OCCUPATION.FAIR PRICE SHOP DEALER, F.P.SHOP.NO.0812034, KATURIVARIPALEM VILLAGE, PODILI MANDAL, PRAKASAM DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENT BY IT'S PRINCIPAL SECRETARY(CONSUMER AFFAIRS, FOOD AND 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, KANIGIRl,PRAKASAM DISTRICT. 5.THE TAHSILDAR, PODILI MANDAL,PRAKASAM DISTRICT. 6.THE ENFORCEMENT DEPUTY TAHASILDARCIVIL SUPPLIES, PODILI, PRAKASAM DISTRICT ...RESPONDENT{S): 2 TCDS.J W.P.No.lS467of2025 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 4th respondent in issuing proceedings Rc.E/608/2025, dated 26.05.2025 by suspending the authorization of the petitioner as fair price shop delar of Fair Price Shop.No.0812034,Katurivaripalem village, Podili Mandal, Prakasam District, without there being any valid reason, without issuing any notice to the petitioner as illegal, arbitrary and violative of principles natural justice and violative of Articles 14, 19(1)(g) of the Constitution India and also violative of Andhra Pradesh Distribution System (Control) Order 2018 and consequently set-aside the same and further direct the respondents to continue the petitioner for dealer of Fair Price Shop.No.0812034,Katurivaripalem village, Podili Mandal, Prakasam District, and \A 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 petitioners Fair Price Shop.No.0812034,Katurivaripalem village, Podili Mandal, Prakasam District , by suspending the impugned proceedings 4th respondent in Rc. E/608/2025, dated 26.05.2025 pending disposal Writ Petition, and to pass lA NO: 2 OF 2025 of of State Targeted Public the pass of 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 maybe pleased to permit me to implead as 7th respondent in writ petition no 15467/2025 and to pass Counsel for the Petitioner: 1.KETHVATHU PARVATHI BAI Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 TCDS.J W.P.No.l5467of2025 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 15467 of 2025 ORDER: The present writ petition is filed questioning the order dated 26.05.2025 passed by the 4^'^ respondent whereunder the authorization of the petitioner is suspended pending enquiry. 2 It is the case of the petitioner that based on the inspection conducted by enforcement Deputy Tahsildar on 13.05.2025, the impugned order came to be passed. It is the specific contention of the counsel for the petitioner that before passing the impugnedorder no show cause notice was issued and thereby the 4*^ respondent violated the principles of natural justice. He would further submit that the alleged variation is within the permissible limits as provided for under clause 29(a) of Control Order, 2018 and prays to set aside the order. 3. On the other hand, the learned Assistant Government Pleader for Civil Supplies would submit that the excess stock available in the petitioner’s fair price shop is not within the permissible limits and based on the report submitted by the Deputy Tahsildar, Enforcement, the impugned order came to be passed. He would further submit that though the impugned order was passed on 26.05.2025, till today the petitioner has not submitted any explanation. The counsel for 7*'^ TCDS,J W.P.N0.15467 oj2025 respondent would submit that pursuant to the suspension order, she was appointed as temporary dealer so as to distribute the essential commodities to the card holders to avoid inconvenience and since then she is distributing the same without there being any complaint. Having considered the submissions made by the learned counsel on either side, as per clause 8(4)(2) of control order, 2018, the appointing authority shall complete the enquiry preferably within a period of 90 days. In the case on hand, the impugned order passed on 26.05.2025 and till date no explanation is offered by the petitioner. On perusal of the record, no explanation is submitted by the petitioner. During the course of hearing, the learned counsel for the petitioner would submit that she has submitted explanation after filing the writ petition and the same is pending consideration before the 4'^ respondent. 4. was 5. Having regard to the submissions made by the learned counsel appearing for the parties, this Court is not inclined to go into the merits of the matter. Further the 4'*^ respondent has to complete the enquiry preferably within a period of 90 days from the date of filing of charges against the petitioner. In view of the same, the 4^^ respondent is further directed to complete the enquiry within a period of one month from the date of receipt of copy of the order. Further 5 TCDS.J W.P.No.l5467of2025 the petitioner is directed to submit explanation within a period of two weeks from today and thereafter the 4^'' respondent shall intimate the date of hearing to all the parties and after affording an opportunity of being heard, appropriate orders be passed as aforesaid. 6. Accordingly, this writ petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// nr" SECTION OFFICER To, 1. The Principal Secretary (Consumer Affairs AP seeretatariate, Velagapudi, Guntur District 2. The District Joint Collector Civil Supplies, Ongole 3. The District Supplies Officer, Ongole, Prakasam 4. The Revenue Divisional Officer, Kanigiri, Prakasam District. 5. The Tahsifdar, podili Mandal,Prakasam District. 6. The Enforcement Deputy Tahasildar (Civil Supplies) District Food and Civil Supplies), , Prakasam District District Podili, Prakasim 7. One CC to M/s. Kethvathu Parvathi Bai Advocate [OPUC] ^ 8. One CC to Sri Naram Nageswara Rao, Advocate [OPUC] 9. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 10. Two CD Copies TF . p HIGH COURT DATED:29/07/2025 ORDER WP NO. 15467 OF 2025 gf 01 SEP 2025 CO ^>sCiifTentS«ctioiv.Xl^ DISPOSING OF THE W.P., WITHOUT COSTS