f *4 APHC010327182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■ST. FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No: 16464 OF 2025 Between: D.Kiran Kumar, S/o. Late D.Chandrudu, Aged about 28 years, Occ: FP Shop Dealer, R/o. Shop 1329026, Narasapuram Village, Veludurthy Mandal, Kurnool District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Civil Supplies Department, Secretariat, Velagapudi, Guntur District. 2. The Collector (CS), Kurnool, Kurnool district 3. The Revenue Divisional Officer, Kurnool, Kurnool District. 4. The Tahsildar, Veludurthy Mandal, Kurnool District. 5. The Civil Supplies Deputy Tahsildar, Veludurthy Mandal, District. Kurnool ...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 a writ or direction preferably WRIT OF MANDAMUS declaring the action of the respondents, specifically of respondent No.3 in suspending the authorization of the FP Shop No. 1329026, Narasapuramu Village, Veldurthy Mandal, Kurnool District, by issuing proceedings vide Rc.DT(LR)476/2025 dated 26.04.2025 without conducting any preliminary enquiry and giving reasonable time for explanation and without following due % procedure under The Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 is illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents 2 to 5 continue the functioning of FP Shop No. 1329026, Narasapuramu Village, Veldurthy Mandal, Kurnool District. lA No: 1 OF Petition under Section 151 CPC praying that in the circumstances stated in the atfidavit filed in support of the petition, the High Court suspend the operation of proceedings vide Rc.DT(LR)476/2025 26.04.2025 issued by respondent No.3 pending disposal of the above Writ Petition. Counsel for the Petitioner: M/s. AYESHA AZMA S Counsel for the Respondents: ASST.GP FOR CIVIL SUPPLIES The Court made the following order: to restore and may be pleased to dated APHC010327182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 16464/2025 [3505] Between: 1.D KIRAN KUMAR, S/0 LATED CHANDRUDU, AGED ABOUT 28 YEARS, OCC FP SHOP DEALER, R/0 SHOP 1329026, NARASAPURAM VILLAGE, VELUDURTHY MANDAL, KURNOOL DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS CIVIL SUPPLIES VELAGAPUDI, PRINCIPAL SECRETARY DEPARTMENT, SECRETARIAT, GUNTUR DIST. 2.THE COLLECTOR CS, KURNOOL, KURNOOL DISTRICT 3.THE REVENUE DIVISIONAL OFFICER, KURNOOL, KURNOOL DISTRICT. 4.THE TAHSILDAR, VELUDURTHY MANDAL, KURNOOL DISTRICT. 5.THE CIVIL SUPPLIES DEPUTY TAHSILDAR, VELUDURTHY 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 tomay be pleased to issue a writ or direction preferably Writ of Mandamus declaring the action of the respondents, specifically of respondent No.3 in suspending the authorization of the FP Shop No.1329026,Narasapuramu village, Veldurthy mandal, Kurnool district. by issuing proceedings vide Rc.DT(LR)476/2025 dated 26.04.2025 without conducting any preliminary enquiry and giving reasonable time for explanation and without following due procedure under The Andhra Pradesh State Targeted Public Distribution System 2 TCDS, J W.P.No.16464 of 2025 (Control) Order, 2018 is illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents 2 to 5 to restore and continue the functioning of FP Shop no. 1329026,Narasapuramu village, Veldurthy mandal, Kurnool district and pass any other order or order this Hlonble Court may deem fit in the circumstances in the interests of justice lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased suspend the operation of proceedings vide DT(LR)476/2025 dated 26.04.2025issued by respondent no.3 pending disposal of the above Writ petition and pass any other order or orders this Hon’ble Court may deem fit in the circumstances in the interests of justice Counsel for the Petitioner: 1.AYESHA AZMAS praying that in the Rc. Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 TCDS, J W.P.No.16464 of 2025 ORDER: The case of the petitioner is that he was appointed as a Fair Price Shop dealer for the Shop bearing No.1329026 of Narsapuram Village, Veludurthy Mandal, Kurnool District, on compassionate grounds by virtue of proceedings dated 27.12.2018 issued by the 3rd respondent. It is further the case of the petitioner that since the date of his appointment, he has been distributing essential commodities to the cardholders without any complaints whatsoever. It is further stated that, while so, the authorisation of the 2. petitioner was suspended by proceedings dated 26.04.2025 on the ground that an inspection was conducted on 15.04.2025, and a report dated 16.04.2025 was submitted to the 4th respondent recommending initiation of action against the petitioner. Pursuant thereto, the authorisation of the petitioner was suspended by the impugned proceedings dated 26.04.2025. On the same day, a show cause notice was issued to the petitioner calling for explanation as to why his authorisation shall not be cancelled. The petitioner claims that he submitted explanation on 3. 27.04.2025. It is his further case that, despite submitting the explanation, the enquiry is not completed. 4 TCDS, J W.P.No.16464 of 2025 Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. Perused the material available on record. 4. 5. Learned counsel for the petitioner contends that the alleged inspection and panchanama drawn against the petitioner illusory, and that no such inspection was actually conducted by the respondents. It is further contended that the petitioner’s authorisation was suspended without issuing any prior show cause notice or following the procedure contemplated under the Control Orders, 2018. are 6. On the other hand, the learned Assistant Government Pleader for Civil Supplies, appearing for the respondents, submits that an inspection was indeed carried out on 15.04.2025 by a team of officers consisting of the Mandal Revenue Village Revenue Officer, Special Tahsildar, Assistant Officer, Revenue Vigilance and Enforcement Officer. Inspector, and 7. It is specifically stated that, as per the panchanama drawn on 16.04.2025, discrepancies were found in the stock maintained by the petitioner, which were beyond the permissible limits. The authorization of the petitioner was suspended after obtaining his signature on the panchanama, though the petitioner contends that he was not present at the time of the alleged panchanama. 5 TCDS, J W.P.No.16464 of 2025 however, on perusal of the record, it is evident that the petitioner himsolf affixed his signature contention of the petitioner cannot be on the panchanama. Therefore, the accepted. 8. As can be seen from the record passed on 26.04.2025. As the impugned order was per Clause 8(4) of the Control Orders, 2018, the enquiry against the petitioner shall be completed early as possible, preferably within a period of three (3) months. as 9. In view of the reasons recorded supra, this Court is not inclined to go into the merits of the matter. Having considered the submissions of the learned counsel on either side, the present a direction to the 4th respondent preferably within a period Writ Petition is disposed of with to complete the enquiry at the earliest of one (1) month from the date of and pass appropriate orders after affording being heard to the petitioner. There shall be receipt of a copy of this order, an opportunity of no order as to costs. 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 Department, Pradesh Secretariat, Velagapudi, Amaravati, The Collector(CS), Kurnool, Kurnool District State of Andhra Guntur District. 2. % 3. The Revenue Divisional Officer, Kurnool, Kurnool District. 4. The Tahsildar, Veludurthy Mandal. Kurnool District. 5. The Civil Supplies Deputy Tahsildar, Veludurthy Mandal, District 6. One CC to M/s. Ayesha Azma.S, Advocate [OPUC] 7. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. Kurnool gi HIGH COURT DATED:11/07/2025 ORDER WP No.16464 OF 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS