k'* APHC010329922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 1672fi OF 2025 Between: M. Triveni, W/o M. Venkateswara Reddy, Aged about 33 years, Occ: FP Shop Dealer, Kurnool District. R/o Shop No. 1329023, Sudepalle Village, Veludurthy Mandal, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Civil Supplies Department, Secretariat, Velagapudi, 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 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 action of the respondents, specifically of respondent no.3 in suspending the authorization of the FP Shop No. 1329023, Sudepalli village Mandal, Kurnool district, by issuing the Veldurthy proceedings vide Rc.DT(LR)475/2025 dated 24.04.2025 without conducting 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 to restore and continue the functioning of FP Shop no. 1329023, Sudepalli village, Veldurthy Mandal, Kurnool District. any preliminary enquiry and giving 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 suspend the operation of proceedings vide Rc. DT(LR)475/2025 dated 24.04.2025issued by respondent no.3 pending disposal of the above Writ petition. Counsel for the Petitioner: M/s. AYESHA AZMA S Counsel for the Respondent Nos.1 to 5: GP FOR CIVIL SUPPLIES The Court made the following order: r APHC010329922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 16726/2025 Between: 1.M TRIVENI, W/0 M VENKATESWARA REDDY, AGED ABOUT 33 YEARS OCC. FP SHOP DEALER, R/O SHOP VELUDURTHY NO. 1329023, SUDEPALLE VILLAGE, MANDAL, KURNOOL DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, 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): 2 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 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. 1329023.Sudepalli village, Veldurthy mandal, Kurnool district, by issuing proceedings vide Rc.DT(LR)475/2025 dated 24.04.2025 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 to restore and continue the functioning of FP Shop village, Veldurthy mandal, Kurnool district and no. 1329023,Sudepalli pass 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 pleased suspend the operation of proceedings vide Rc. DT(LR)475/2025 24.04.2025issued by respondent no.3 pending disposal of the above Writ petition and pass dated Counsel for the Petitioner: 1.AYESHAAZMAS Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES 3 The Court made the following order: The petitioner is the dealer of fair price shop No. 1329023 of Sudepalle Village, Veldurthy Mandal, Kurnool District. It is the case of the petitioner that, she has been distributing essential commodities without there being any complaint and to the utmost satisfaction of the respondents. It is further stated that, while so. the Mandal Revenue Inspector and RV & EO Officials, have inspected the petitioner’s fair price shop on 16.04.2025, and found variations in respect of the stock maintained by her and the said stock was seized while handing over the same to the Village Revenue Officer, Sudepalle Village, Veldurthy Mandal, for safe custody. Pursuant thereto, a report dated 17.04.2025 was submitted to the 3'^'^ respondent and based on the said report, the petitioner’s authorization was suspended by impugned order dated 24.04.2025 stating that the petitioner had indulged in malpractices in distributing the essential commodities to the cardholders, thereby violated Clause 29(a) of Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018. It is further case of the petitioner that, on the same day, a show cause notice was issued caHing for explanation as to why her authorization shall not be cancelled. It is further case of the 10 petitioner that, after receipt of the said show cause notice, she submitted explanation on 01.05.2025 stating that she had committed any irregularity, while enclosing a copy of letter dated 16.04.2025 issued by the Headmaster, MPPS, Sudepalli Village, stating that the essential commodities not were received on 03.04.2025 by mid-day-meal agency through Smt.Anjanamma, but thumb impression could not be affixed in Epos machine due to technical glitches on the said date. Despite informing the the inspecting officials have forwarded report dated 17.04.2025 to the 3'"^ respondent to take disciplinary action against the petitioner same. and in view of the same, the impugned order dated 24.04.2025 was passed against the petitioner suspending her authorization pending her enquiry. Questioning the same, the present writ petition is filed. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. Perused the material available on record. It is the specific case of the petitioner that the essential commodities were distributed to MPP School, Sudepalli, through MDM agent Smt.Anjanamma on 03.04.2025 and the thumb impression could not be affixed in the Epos machine due to technical glitches. Further, the petitioner filed letter dated 2. 3. 4. 5 ,r 16.04.2025 issued by the Head Master of the school confirming the supply of essential commodities. Based on the report furnished by the Tahsildar, the impugned order came to be passed without issuing notice to the petitioner. Further, the petitioner submitted explanation dated 01.05.2025 by enclosing copy of letter dated 16.04.2025 issued by the Head Master of the' MPP school. 5. Further, as per Clause 8(4)(2) of the Control Orders, 2018 the appointing authority shall complete the enquiry preferably within a period of 90 days from the date of filing of the case against the errant dealer. Admittedly, in the case on hand, the 90 days period contemplated under the said clause was expired, and despite the same, the petitioner has not received any notice from the 3'^'^ respondent for completing the enquiry as contemplated under the said clause. 6. Therefore, by no stretch of imagination, the suspension order passed against the petitioner can be continued beyond the said period. Further, the impugned order cannot be allowed to remain in force for a prolonged period. 7. In view of the same, the impugned order dated 24.04.2025 is set aside and accordingly, the Writ Petition is allowed. It is needless to mention that, the respondents are at liberty to 6 complete the enquiry in accordance with law. There shall be order as to costs. As a sequel, pending applications, if any, shall stand no closed. Sd/- SHAIK WiOHD. RAFi ASSISTANT REGISTRAR //TRUE COPY// Sg6T^^t)FF^ICER To, 1. The Principal Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat, Velagapudi, 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, 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 ssb HIGH COURT DATED:28/07/2025 ORDER WP No.16726 OF 2025 C ' 3 AUG 2oP% ^<sseai£iLoj^ ALLOWING THE W.P. WITHOUT COSTS