Extracted from the PDF above. The PDF is authoritative.
APHC010340432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17249 OF 2025 Between: Udumula Subbamma, W/o. Late Venkateswara Reddy, Age 45Yrs, Occ; F.P.Shop Dealer No.0812007, Mallavaram Village, Podili Mandal, Prakasam District ...Petitioner AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, (Consumer Affairs, Food and Civil Supplies), AP secretariate, Velagapudi, Amaravati, Guntur District.
2. The District Collector (Civil Supplies) and Magistrate, Ongole,Prakasam District.
3. The District Supplies Officer, Ongole, Prakasam District
4. The Revenue Divisional Officer, Kanigiri, Prakasam District.
5. The Tahsildar, Podili Mandal, Prakasam District.
6. The Enforcement Deputy Tahsildar, Podili Mandal, Prakasam District. ...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, order direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing
% impugned
order RC.E/451/2025 Dated 17.03.2025 suspending the authorization of the petitioner as fair price shop dealer of Shop No.0812007, Mallavaram Village, Podili Mandal, Prakasam District, without there being valid reason any 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 impugned suspend
order and further direct the respondents to continue the petitioner to hold F.P Shop No.0812007, Mallavaram 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. 0812007, Mallavaram Village, Podili Mandal, Prakasam District by suspending the impugned proceedings of 4th respondent in Rc.E/451/2025, dated 21.06.2025 pending disposal of Writ Petition. Counsel for the Petitioner: SRI GUNDALA SIVA PRASADA REDDY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order:
APHC010340432025 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: 17249/2025 [3505] Between: 1.UDUMULA VENKATESWARA REDDY, F.P.SHOP DEALER N0.0812007, VILLAGE, PODILI MANDAL, PRAKASAM DISTRICT ...PETITIONER SUBBAMMA W/0. LATE AGE 45YRS, OCC MALLAVARAM }} AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, (CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES), AP SECRETARIATE, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR CIVIL SUPPLIES AND MAGISTRATE, ONGOLE,PRAKASAM DISTRICT. DISTRICT OFFICER, 3.THE ONGOLE,PRAKASAM DISTRICT 4.THE SUPPLIES DIVISIONAL KANIGIRLPRAKASAM DISTRICT. 5.THE TAHSILDAR, PODILI MANDAL,PRAKASAM DISTRICT.
6.THE ENFORCEMENT DEPUTY TAHSILDAR, PODILI MANDAL,PRAKASAM DISTRICT. OFFICER, REVENUE ...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 topleased to issue a writ, order direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing impugned order RC.E/451/2025 Dated 17.03.2025 suspending the authorization of the petitioner as fair price shop dealer of Shop No.0812007, Mallavaram Village, Podili Mandal, Prakasam District, without there being any valid reason as illegal, arbitrary and violative of principles of natural
2 TCDS, J W.P.No.17249 of 2025 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 impugned suspend
order and further direct the respondents to continue the petitioner to hold F.P Shop No.0812007, Mallavaram 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 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. 0812007, Mallavaram Village, Podili Mandal, Prakasam District by suspending the impugned proceedings of 4th respondent in Rc.E/451/2025, dated 21.06.2025 pending disposal of Writ Petition, Counsel for the Petitioner:
1.GUNDALA SIVA PRASADA REDDY Counsel for the Respondent(S):
1.GP FOR CIVIL SUPPLIES The Court made the following:
3 TCDS, J W.P.N0.17249 of 2025
ORDER: The present writ petition is filed questioning the order dated 21.06.2025 passed by the 4th respondent, whereby the petitioner’s authorization for Fair Price Shop No. 0812007 of Mallavaram Village, Podili Mandal, Prakasam District, was cancelled. Heard learned counsel for the petitioner and the learned
2. Assistant Government Pleader for Civil Supplies appearing for the respondents.
Learned counsel for the petitioner submits that the
3. petitioner had earlier filed W.P. No. 9439 of 2025, challenging the
order dated 17.03.2025, whereunder his authorization was suspended pending enquiry. In the said writ petition, the learned Assistant Government Pleader for Civil Supplies submitted that steps are being taken to complete the disciplinary enquiry initiated against the petitioner. Recording the said submission, this Court, by order dated 23.06.2025, disposed of the said writ petition with a direction to the Revenue Divisional Officer to pass final orders in accordance with law, preferably within a period of three (3) weeks from the date of receipt of a copy of the order. It was also
4 TCDS, J W.P.N0.17249 of 2025 T4 made clear that before passing such final orders, the petitioner shall be afforded an opportunity of being heard.
4. As already stated supra, the present writ petition is filed questioning the
order dated 21.06.2025 passed by the 4th respondent, whereunder the petitioner’s authorization was cancelled. On a careful perusal of the material placed on record and considering the order passed in the said writ petition, it is •evident that, as on the date of disposal of the said writ petition, the authorization had already been cancelled by the impugned
order dated 21.06.2025. Despite the same, it was represented before this Court that final orders are yet to be passed in the matter.
5. Be that as it may, on a perusal of the impugned order, it is clear that no opportunity of being heard was afforded to the petitioner, which is nothing but violation of the principles of natural justice.
6. Having regard to the submissions made by learned counsel for the petitioner, without going into the merits of the matter, the impugned order dated 21.06.2025 is set aside inasmuch as the same is passed in violation of the principles of natural justice.
5 TCDS, J W.P.No.17249 of 2025 Accordingly, this Writ Petition is allowed. The 4th
7. respondent is directed to consider the petitioner’s case afresh and pass appropriate orders after affording an opportunity of being heard to the petitioner. The above direction shall be followed strictly, and any deviation will be viewed seriously. There shall be no order as to costs As; a sequel, pending miscellaneous applications, if any shall stand closed.
SD/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// OFFICER S To
1. The Principal Secretary, (Consumer Affairs, Food and Civil Supplies), AP secretariate, Velagapudi, Amaravati, Guntur District.
2. The District Collector Civil Supplies and Magistrate, Ongole, Prakasam District.
3. The District Supplies Officer, Ongole, Prakasam District
4. The Revenue Divisional Officer, Kanigiri, Prakasam District.
5. The Tahsildar, Podili Mandal, Prakasam District.
6. The Enforcement Deputy Tahsildar, Podili Mandal, Prakasam District.
7. One CC to Sri Gundala Siva Prasada Reddy Advocate [OPUC]
8. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT]
9. Two CD Copies TF
HIGH COURT DATED: 11/07/2025
ORDER WP NO. 17249 OF 2025 ALLOWING THE W.P. WITHOUT COSTS