1 APHC010364142025 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: 18289/2025 Between: 1.SMT. MALLAMMA,, W/O. LATE UGRAPPA, AGED 60 YEARS, OCC F.P.SHOP DEALER OF SHOP. NO. 1259041, R/O. GURRAPUKONDA VILLAGE, MADAKASIRA MANDAL, SRI SATHYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT AT PUTTAPARTHY.. ERSTWHILE ANANTHAPUR DISTRICT. 3.THE JOINT COLLECTOR, SRI SATHYA SAI DISTRICT AT PUTTAPARTHY, ERSTWHILE ANANTAPUR DISTRICT. 4.THE REVENUE DIVISIONAL OFFICER, PENUKONDA, SRI SATYA SAI DISTRICT ERSTWHILE ANANTHAPUR 2 DISTRICT. 5.THE TAHSILDAR, MADAKASIRA MANDAL, SRI SATYA SAI DISTRICT ERSTWHILE ANANTHAPUR 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, order or direction more particularly one in the nature of Writ of Mandamus questioning the action of the 4th respondent in issuing proceedings Rc.No.1709/2025C dated 20.06.2025 by terminating the petitioner to hold F.P Shop No. 1259041, Gurrapukonda Village, Madakasira Mandal, Sri Satya Sai District Erstwhile Anantapur District without there being any valid reason, without offering personal hearing to the petitioner 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 same and further direct the respondents to continue the petitioner to hold F.P Shop No. 1259041, Gurrapukonda Village, Madakasira Mandal, Sri Satya Sai District Erstwhile Anantapur District and pass such IA 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 may be pleased to direct the respondents to continue the petitioner as F.P. shop Dealer and to supply essential commodities to the petitioner's F.P Shop No.1259041, Gurrapukonda Village, Madakasira Mandal, Sri Satya Sai District Erstwhile Anantapur District by suspending the proceedings of respondent vide Rc.No. 1709/2025/C dated 20.06.2025, pending disposal of Writ Petition and to pass such Counsel for the Petitioner: 3 1.KASHAPOGU SURESH Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR CIVIL SUPPLIES The Court made the following order: 4 HON’BLE SRI JUSTICE T.C.D. SEKHAR WRIT PETITION No.18289 of 2025 ORDER:- 1. The present writ petition is filed questioning the order dated 20.06.2025 passed by the 4th respondent, where under the authorization of the petitioner is cancelled alleging certain irregularities against her. 2. It is the case of the petitioner that she was appointed as Fair Price Shop Dealer on 17.04.2025 for Fair Price Shop No.1259041 of Gurrapukonda Village, Madakasira Mandal, Sri Satya Sai District erstwhile Ananthapur District. It is her further case that she is distributing the essential commodities to the card holders without any complaint. While so, on 15.05.2025, the 5th respondent, Village Revenue Officer and Village Revenue Inspector inspected the shop of the petitioner and found shortage of stock, thereafter the stock was seized and the same was handed over to Village Revenue Officer for safe custody, and a report was sent to the 4th respondent to in initiate action against the petitioner. 5 3. Pursuant to the report dated 15.05.2025, furnished by the 5th respondent, a show cause notice dated 29.05.2025 was issued to the petitioner calling for explanation as to why her authorization shall not be cancelled. It is specifically stated in the said show cause notice asking the petitioner to attend for enquiry to be conducted on 05.06.2025. Upon receipt of said notice, the petitioner claims that she submitted explanation on 03.06.2025 to the 4th respondent. Without considering the said explanation dated 03.06.2025 and without affording opportunity of being heard, the 4th respondent passed the order impugned, whereunder he cancelled the authorization of the petitioner. Questioning the same, the present writ petition is filed. 5. The counsel for the petitioner would submit that in show cause notice dated 15.05.2025, the petitioner was asked to attend for enquiry on 05.06.2025. He would further submit that, though the petitioner submitted explanation on 03.05.2025, without conducting any enquiry and without considering the explanation, the 4th respondent passed the order impugned. He would further submit that as per clause 8(4) of Control Order 2018, the appointing authority on receipt of complaint, after making such enquiry as may be deemed necessary and for 6 reasons to be recorded in writing, suspend or cancel the authorization issued. 6. He would further submit that in the instant case, while cancelling the authorization of the petitioner, the 4th respondent did not conduct any enquiry as contemplated under the said clause. He would further submit that, though the enquiry was to be conducted on 05.06.2025, the impugned order came to be passed, without considering the objections dated 03.06.2025 submitted by the petitioner and without affording opportunity of being heard. He would further submit that, no enquiry was conducted on 05.06.2025. 7. On the other hand, the learned Assistant Government Pleader for Civil Supplies would strenuously contend that, on perusal of the order impugned, it is clear that the petitioner herself was physically present before the 4th respondent on 03.06.2025, on which date the petitioner was heard, and thereafter the impugned was passed. 8. It is further stated that the enquiry was conducted on 03.06.2025 by the 4th respondent and the same was informed to the petitioner through the Tahsildar concerned, pursuant to which 7 the petitioner appeared on 03.06.2025 for the enquiry. He would further submit that the same is also observed in the impugned, therefore the petitioner cannot be plead that, no enquiry was conducted. 9. Having considering the submissions of the counsel on either side, it is clear that the enquiry was to be conducted on 05.06.2025. Though the learned Assistant Government Pleader for Civil Supplies contended that the same was preponed to 03.06.2025, nothing is placed on record to show that the 4th respondent preponed the enquiry to 03.06.2025. In the absence of any material on record, the contention of the respondents cannot be countenanced, merely it is observed as such in the impugned order. 10. Further, as rightly contended by the counsel for the petitioner, as per Clause 8(4) of Control Order 2018, the appointing authority has to conduct enquiry before passing any order. As can be seen from the record, it is clear that no such enquiry was undertaken in the matter by the 4th respondent. Apart from the same, whenever any action is to be initiated against the errant dealer, it is incumbent for the respondent authorities to 8 adhere to the procedure contemplated under law. In the instant case on hand as noted supra, nothing is placed on record to show that the enquiry is preponed to 03.06.2025, thereby an inference can be drawn that, no enquiry was conducted while passing the impugned order. 11. For the foregoing reasons, the order impugned is not sustainable and accordingly the same is set aside. It is needless to mention that, the 4th respondent is directed to issue fresh notice to the petitioner by intimating the date of enquiry and pass appropriate orders in the matter after affording opportunity of being heard to the petitioner. 12. Accordingly the writ petition is allowed. No order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D. SEKHAR 28.07.2025 DR 9 132 THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR WRIT PETITION No.18289 of 2025 Date 28.07.2025 DR