APHC010347082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17610 OF 2025 Between: M. Rizwana Khatoon,, S/o S. Shoukath All, 47 years, Shop No. 1382147 Occupation Fair Price Shop Dealer, Weaker Section Colony, Kurnool Urban Kurnool District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The Collector CS, Kurnool, Kurnool District. 3. The Revenue Divisional Officer, Kurnool, Kurnool District. 4. The Assistant Supply Officer, Kurnool Urban Kurnool 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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the second respondent in neither disposing of the appeal filed by the petitioner nor granting stay orders in the said appeal as illegal, improper, unjust, arbitrary and contrary to law by setting aside the Proceedings Rc.DT(LR)507/2025 dated 30.05.2025 issued by the 3rd respondent in cancelling the Fair Price Shop Authorization of the petitioner in Shop No. 1382147, Weaker Section Colony, Kurnool Urban, Kurnool District and further directing the respondents to continue to supply essential commodities to the petitioner on regular basis 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 stay the Proceedings in Rc.DT(LR) 507/2025 dated 30.05.2025 issued by the 3^^ respondent duly permitting the petitioner to run the Fair Price Shop No. No. 1382147, Weaker Section Colony, Kurnool Urban, Kurnool District pending disposal of the writ petition Counsel for the Petitioner : SRI MAHADEVA KANTHRIGALA Counsel for the Respondents (Nos.1 to 4): GP FOR CIVIL SUPPLIES The Court made the following ORDER : IN THE HIGH COURT OF ANDHRA PRADESH at AMARAVATl (Special Original Jurisdiction) APHC010347082025 [3505] li ■:h fifteenth DAY OF JULY TUESDAY,THE . .. cx/p TWO THOUSAND AND TWENTY FIVE PRESENT honourable SRI JUSTICE T.C.D.SEKHAR PFTiTION NO- 17610/2025 THE Between; ^■^EA“op"ri38"2MroCCu“™,RP^ SHOP DEALER, WEAKER SECTION COLONY, KURNOOL URBAN, KURNOOL DISTRICT. PETITIONER AND A TUP citatF OF ANDHRA PRADESH, REP. BY ITS Is A.m^ASsST SUPPLY OFFICER, KURNOOL URBAN KURNOOL DISTRICT. ...RESPONDENT{S) Price Shop Authorization of the petitioner in Sh p _ ’ commodities to the petitioner on regular basis. lA NO: 1 OF 2025 that in the under Section 151 CPC praying Petition 9 I circumstances stated in the affidavit filed in support of the petition the High Court may be pleased to Rc.DT(LR)507/2025 dated 30.05 2025 stay the Proceedings in issued by the respondent duly permitting the petitioner to run the Fair Price Shop No. No. 1382147, Weaker Section Colony, Kurnool Urban, Kurnool District pending disposal of the writ petition. Counsel for the Petitioner: 1.MAHADEVA KANTHRIGALA Counsel for the Respondent(S); 1.GP FOR CIVIL SUPPLIES The Court made the following: j 3 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17610 OF 2025 ORDER: that he was appointed as It is the case of the petitioner permanent dealer of fair price shop for shop No.1382147 of Weaker Section Colony, Kurnool Urban, Kurnool District by virtue of dated 21.04.2010 issued by the 3'^^ respondent. It is his proceedings further case that he is distributing the essential commodities to the cardholders without therebeing any complaints. While things stood thus, inspection was carried out in the fair price shop of the petitioner respondent, Regional Vigilance and Enforcement with mediators and found certain variations in the stock th on 01.05.2025 by 4 Offiicer along maintained by the petitioner and accordingly, a report was sent to the S'"* respondent on the same day. It is further stated that based on the respondent issued show cause notice, dated 05.05.2025 asking the petitioner to submit explanation as to why the rd said report, the 3 authorization shall not be cancelled. that he submitted explanation and The petitioner claims 2. respondent passed order, dated 12.05.2025 the authorization of the petitioner pending enquiry, respondent by order dated 30.05.2025 cancelled the authorization of the petitioner as the allegations set out in the show rd thereafter, the 3 suspending rd Subsequently, the 3 cause nofice are proved. Be fhat as it may. the petitioner preferred an ,appeal before the 2nd respondent under Section 24(d) of the Andhra 4 Pradesh State Public Distribution System and Control Orders, 2018. It is further case of the petitioner that along with the said appeal, he also filed an application seeking to stay of all further proceedings pursuant to the cancellation order, dated 30.05.2025. It is further case of the petitioner that despite filing the appeal, the 2'"'^ respondent did not take up the matter for hearing till today. Aggrieved by the same, the present writ petition is filed. 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 4. It is not in dispute that the petitioner filed appeal before the 2^"^ respondent as against order, dated 30.05.2025 whereunder the authorization of the petitioner is cancelled. The said appeal was filed on 24.06.2025. 5. The learned Assistant Government Pleader for Civil Supplies would submit that the appeal filed by the petitioner is yet to be numbered, and it will be taken up for hearing in due course. 6. Having regard to the submission made by the learned counsel for the petitioner and the learned Assistant Government Pleader, this Court feels that it is appropriate to dispose of the present writ petition by directing the 2""^ respondent to number the appeal if it is filed in order and dispose of the stay petition/interlocutory application, within a period of two weeks from the date of receipt of a copy of this order. 5 It is needless to mention, tiii the date of disposai of stay petition/interlocutory appiication, the respondents are directed not to take any coercive steps against the petitioner. With the above observation, There shall be no order as to costs. the Writ Petition is disposed of. 7. miscellaneous petitions pending, if any, As a sequel thereto shall stand closed. SD/- N.NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To The Principal Secretary, State of Andhra Pradesh, Civil Supplies Department 2. The Collector CS, Kurnool, Kurnool District. Divisional Officer, Kurnool, Kurnool District. 1. Secretariat Buildings, Velagapudi, Amaravathi. 3. The Revenue 4, The Assistant Supply Officer, Kurnool Urban Kurnool District. 5. One CC to SRI. MAHADEVA KANTHRIGALA Advocate [OPUC) CIVIL SUPPLIES High Court of Andhra Pradesh 6. Two CCs to GP FOR [OUT] 7. Two CD Copies TAC HIGH COURT DATED:15/07/2025 ORDER WP NO. 17610 OF 2025 £P I 71 Jt)L 21175 . Current aeciion 5s::££^ATC»i^ .09 DISPOSING THE WP WITHOUT COSTS