APHC010363572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18592 OF 2025 Between: Moravaneni Guravayya, S/o.M. Anantayya, Aged about 74, years, Occ. Fair Shop Dealer F.P. Shop No.0521002, R/o. D.no.3-72, Ankannagudem, West Godavari District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Consumer Affairs Civil Supplies Department Velagapudi, Amaravathi, Guntur District. 2. The Revenue Divisional Officer, Eluru Division, Eluru District. 3. The Tahsildar, Pedavegi Mandal, Eluru District. Secretariat Buildings, ...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 of Mandamus or any other appropriate Writ Order or direction declaring the action of the 3'^'^ respondent in issuing a notice dated 09.04.2025 vide ROC. No. 275/2024/CSDT in respect of the petitioner as a fair price shop dealer in shop No. 0521002 situated at Ankannagudem, Pedavegi Mandal, Eluru District without there being any suspension or cancellation of appointment is illegal, arbitrary and violation of principles of natural justice consequently suspend the notice issued by the respondentin ROC. No. 275/2024/CSDT dated 09.04.2025 by directing the 2 respondents to continue the petitioner as a Fai-r Price dealer for Shop No. 0521002 situated at Ankannagudem, Pedavegi Mandal, Eluru District. nd rd & 3 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 notice issued by the 3'"^ respondent in ROC. No. 275/2024/CSDT & 3"'^ respondents to continue the nd dated 09.04.2025 by directing the 2 petitioner as a Fair Price dealer for Shop No. 0521002 situated at Ankannagudem, Pedavegi Mandal, Eluru District pending disposal of the above Writ Petition. Counsel for the Petitioner: M/s. JAGARLAMUDI ANJANEE PRIYA Counsel for the Respondent Nos.1 to 3: GP FOR CIVIL SUPPLIES The Court made the following order: 1 APHC010363572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] . TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENT / FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18592/2025 Between: 1.MORAVANENI GURAVAYYA, /O.M. ANANTAYYA, AGED ABOUT 74, YEARS, OCC. FAIR SHOP bEALER F.P. SHOP N0.0521002, R/0. D.NO.3-72, ANKANNAGUDEM, WEST GODAVARI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE REVENUE DIVISIONAL OFFICER, ELURU DIVISION ELURU DISTRICT. 3.THE TAHSILDAR, PEDAVEGI MANDAL, ELURU DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the 2 High Court may be pleased topleased to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the 3RD respondent in issuing a notice dated 09.04.2025 vide ROC. No. 275/2024/CSDT in respect of the petitioner as a fair price shop dealer in shop No, 0521002 situated at Ankannagudem, Pedavegi Mandal, Eluru without there bemg any appointment is ill.jgal, arbitrary and violation of principles of natural justice consequentiy suspend the notice issued by the respondentin ROC. No. 275/2024/CSDT dated 09.04.2025 by directing the 2ND 3RD respondents to continue the petitioner a Fai-r Price dealer for Shop No. 0521002 Ankannagudem, Pedavegi Mandal, Eluru District and District suspension or cancellation of as situated at 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 pifeased suspend the notice issued by the 3RD 275/2024/CSDT dated 09.04.2025 by directing the 2ND respondents to continuethe petitioneras a Fair Price dealer for Shop No. 0521002 situated at Ankannagudem, Pedavegi Mandal, Eluru Distri :t pending disposal of the above Writ Petition and pass respondent in ROC. No. 3RD Counsel for the Petitioner: 1.JAGARLAMUDI ANJANEE PRIYA Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 HON’BLE SRI JUSTICE T.C.D. SEKHAR WRIT PETITION No.18592 of 2025 ORDER:- The present writ petition is filed questioning the notice dated 09.04.2025 issued by the 3'^'^ respondent, where under directed the petitioner to submit explanation as to why his authorization shall not be cancelled for the Fair Price Shop No.0521002 of Ankannagudem, Pedavegi Mandal, Eluru District, on the ground that the 3'^'^ respondent has no jurisdiction to issue the impugned notice as per clause 8 (4) of Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018. 1. 2. The learned Assistant Government Pleader for Civil Supplies does not dispute the same and he fairly submitted that the 3'^'^ respondent does not have jurisdiction to issue the notice under challenge. The issue involved in the present writ petition is no more res Integra. In fact this Court in the case of “Sarella Ratna Kumari Vs. State of Andhra Pradesh”^ held as under: ^ 2025 see Online AP 2577 4 “6. Further, appointing authority is defined under clause 2(e), which reads as follows: ‘‘Appointing Authority Officer/Sub Collector having jurisdiction and District Supply Officer (City) in respect of Visakhapatnam or any officer authorized by the Government in respect of fair price shops for issue of authorization, so as to obtain and supply scheduled commodities to the card holders/beneficiaries under Targeted Public Distribution System other Government Welfare and other schemes, NGOs etc.” 7. Further, Disciplinary Authority, is defined under clause 2(n), which reads as follows: means Revenue Divisional or ‘‘Disciplinary authority” means Revenue Divisional Officer/Sub- Collector District Supply Officer (City) in respect of city of Visakhapatnam. 8. He would further submit that as the said Control Order it is clearly defined that the appointing authority means Revenue Divisional Officer/Sub Collector having Jurisdiction. Therefore, the 4"’ respondent lacks Jurisdiction and power to issue the impugned notice. On the other hand, the learned Assistant Government Pleader would fairly submit that the 4"' respondent-Tahsildar does not have power to issue the notice impugned and requests this Court to pass appropriate orders in the matter. It is not in dispute that as per clause 2(e) of APSTPDS (Control) Order, 2018, the Revenue Divisional Officer/Sub Collector having Jurisdiction is the appointing authority and as per the clause 8(4), the appointing authority may suspend or cancel the authorization after making such enquiry as may be deemed necessary. ” 9. In the case on hand, admittedly the respondent is not appointing authority and therefore he does not have 3. jurisdiction to initiate any action against the petitioner under APSTPDS (Control) Order, 2018 inasmuch as, such power is conferred on Revenue Divisional Officer, having jurisdiction. Therefore, the notice under challenge is not sustainable and accordingly the same is set aside. 'i 5 In view of the same, the present writ petition is allowed. It is needless to mention that this order will not preclude the respondents from initiating any action against the petitioner’s in accordance with law. 4. Accordingly the writ petition is allowed. No order as 5. to costs. As a sequel, pending applications, if any, shall stand Closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// ]5r ^ SECTION OFFICER To, Consumer Affairs Civil Supplies Department, Secretariat Buildings, Velagapudi, 1. The Principal Secretary State of Andhra Pradesh Amaravathi, Guntur District. 2. The Revenue Divisional Officer, Eluru Division, Eluru District. 3. The Tahsildar, Pedavegi Mandal, Eluru District. M/s.Jagarlamudi Anjanee Priya, Advocate [OPUC] GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 4. OneCCto 5. Two CCs to 6. Two CD Copies. ssb 1 HIGH COURT DATED:22/07/2025 ORDER WP No.18592 OF 2025 ^ 0 2 AUG 2025 Sectioitxvy ALLOWING THE W.P. WITHOUT COSTS