APHC010368022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18635/2025 Between: 1. DOMA NAGARAJU, S/O PEDDA MAREPPA, AGE ABOUT 41 YEARS, OCC- FAIR PRICE SHOP DEALER, R/O H.NO.4-21, YSR COLONY, DODDI VILLAGE, KOSIGI MANDAL, KURNOOL DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE JOINT COLLECTOR, KURNOOL DISTRICT AT KURNOOL. 3. THE SUBCOLLECTOR, ADONI, KURNOOL DISTRICT. 4. THE TAHSILDAR, KOSIGI MANDAL AT KOSIGI, KURNOOL 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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus 2 TCDS,J W.P.No.18635 of 2025 declaring the action of the 3rd respondent in issuing the impugned proceedings vide Rc.(M). 1282/2025, dated 26-05-2025, suspending the petitioners authorisation of FP.Shop No.1302018 of Doddi village, Kosigi Mandal, Kurnool District, as illegal, arbitrary, unjust and'violation of principles of natural justice and consequently set aside the impugned proceedings vide Rc.(M). 1282/2025, dated 26- 05- 2025, issued by the 3rd respondent and to pass 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 suspend the impugned proceedings of the 3rd respondent vide Rc.(M). 1282/2025, dated 26-05-2025, pending disposal of the main writ petition and to pass Counsel for the Petitioner: 1. U RAMANJANEYULU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR CIVIL SUPPLIES 3 TCDS,J W.P.No.18635 of 2025 The Court made the following order: It is the case of the petitioner that he is the permanent dealer of Fair Price Shop No.1302018 of Doddi Village, Kosigi Mandal, Kurnool District, having been appointed by virtue of proceedings in Rc.M.1158/2007, dated 07.06.2008. It is his further case that, since the date of appointment, he has been distributing the essential commodities to the cardholders to the utmost satisfaction of the respondents. It is further stated that his authorization has been renewed from time to time and it was valid till 31.03.2025. Thereafter, he filed an application for renewal on 20.02.2025 by paying requisite fee and the said application is pending consideration. It is further stated that, while so, the 4th respondent inspected the Fair Price Shop of the petitioner on 12.05.2025 and found certain variations in the stock viz., 16.45 quintals of PDS rice and 0.65 quintals of sugar were found to be less in quantity when compared to the register maintained by the petitioner. Based on the said inspection, a report was submitted to the 3rd respondent to initiate action against the petitioner. Pursuant thereto, a show-cause notice dated 26.05.2025 was issued to the petitioner, asking him to submit explanation as to why his authorization shall not be cancelled. Further, on the same day, the 3rd respondent passed the impugned order whereunder the 4 TCDS,J W.P.No.18635 of 2025 authorization of the petitioner is suspended. Questioning the same, the present writ petition is filed. 2. Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies. Perused the material on record. 3. The learned counsel for the petitioner would contend that the alleged inspection was not conducted at his Fair Price Shop on 12.05.2025 as mentioned in the show-cause notice. He would further submit that the alleged panchanama was also not served on him, nor the team of officers who conducted the alleged inspection did not take the signature of the petitioner on the alleged panchanama. He would further contend that, in order to see that the authorization of the petitioner is cancelled, the alleged panchanama and inspection were invented for the said purpose. He would further submit that, without furnishing a copy of the panchanama, the alleged inspection carried out by the respondents cannot be believed. 4. On the other hand, the learned Assistant Government Pleader for Civil Supplies placed instructions dated 21.07.2025 furnished by the 3rd respondent. On perusal of the said instructions, it 5 TCDS,J W.P.No.18635 of 2025 is stated that the inspection was actually conducted on 12.05.2025, and that thereafter the team of officials who conducted the inspection found certain variations and accordingly a panchanama was drawn. A copy of the panchanama is also placed before this Court along with the instructions dated 21.07.2025. 5. On perusal of the said panchanama, it is clear that the respondent authorities did not obtain the petitioner’s signature on the panchanama. In view of the same, there is any amount of doubt on the panchanama drawn by the respondents while initiating action against the petitioner, since the petitioner specifically denied the alleged inspection conducted on 12.05.2025, through the explanation dated 30.06.2025 stating that the stocks are lying in his Fair Price Shop. Further, while passing the impugned order, the explanation of the petitioner was not at all considered in its proper perspective. 6. Having considered the submission made by learned counsel on either side, this Court is of the opinion that the respondent authorities did not adhere to the provisions of the Control Orders, 2018 and thereby violated the principles of nature justice while suspending the authorization of the petitioner. 6 TCDS,J W.P.No.18635 of 2025 7. In view of the same, the impugned order dated 26.05.2025 is hereby set aside and accordingly the Writ Petition is allowed. It is needless to mention that the respondents are at liberty to initiate fresh action against the petitioner as per law. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Date.22.07.2025 KGR