1 APHC010368042025 IN THE HIGH COURT OF ANDHRA PRADESH y AT AMARAVATI A (Special Original Jurisdiction) ^ ifo TUESDAY,THE TWENTY SECOND DAY OF JULY . TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR / WRIT PETITION NO: 18fififi OF 2025 ^ o o Between: Yadiki Rajeswari, D/o Y.Anki Reddy, age about 29 years, Occ: Shop Dealer, R/o H.No.2-169, Kadapa District. Fair Price Inagalur Village, Thonduru Mandal, YSR ...PETITIONER ^ AND 1. The State of Andhra Pradesh, Rep. by its Supplies Department, Secretariat Buildings, Velagapudi 2. The Joint Collector, YSR Kadapa District at 3. The Revenue Divisional Officer, Pulivendula 4. The Tahsildar, Thonduru Mandal, YSR Kadapa District Principal Secretary, Civil , Amaravathi. Kadapa. YSR Kadapa District. ...RESPONDENTS ^ Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith pleased to issue an the High Court may be appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3" respondent vide his Proceedings suspending the petitioners authorisation in Ref.No. 1/361/2025, dated 26-04-2025 of Fair Price Inagaluru Village, Thonduru Mandal Shop No.13 (1122013) of YSR Kadapa District, as illegal, arbitrary and violation of Control Order, 2018 and consequently set aside the same and direct the respondents to supply the Essential Commodities to the petitioner s Fair Price Shop No. 13 (1122013) of Inagaluru Village, Thonduru Mandal, YSR Kadapa 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 suspend the proceedings of the 3"'^ respondent vide Ref No.1/361/2025, dated 26-04-2025, in respect of the petitioner's Fair Price Shop No. 13 (1122013) of Inagaluru Village, Thonduru Mandal, YSR Kadapa District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI U. RAMANJANEYULU Counsel for the Respondent Nos.1 to 4: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010368042025 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: 18666/2025 Between: 1.YADIKI RAJESWARI, D/0 Y.ANKI REDDY, AGE ABOUT 29 YEARS, OCC FAIR PRICE SHOP DEALER, R/0 H.NO.2-169, INAGALUR VILLAGE, THONDURU MANDAL, YSR KADAPA 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, YSR KADAPA DISTRICT AT KADAPA. 3.THE REVENUE DIVISIONAL OFFICER, , PULIVENDULA, YSR KADAPA DISTRICT. 4.THE TAHSILDAR, THONDURU MANDAL, YSR KADAPA 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 an 2 2ft TCDSJ W.P.No.l8666of2025 appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in suspending the petitioners authorisation Proceedings Ref.No. 1/361/2025, dated 26-04-2025 i Shop No.13 (1122013) of Inagaluru Village, Thonduru Mandal Kadapa District, as illegal, arbitrary and violation of Control 2018 and consequently set aside the respondents to supply the Essential Commodities to the Fair Price Shop No. 13 (1122013) of Inagaluru Village Mandal, YSR Kadapa District, and to pass such vide his of Fair Price , YSR Order, same and direct the petitioner s Thonduru 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 may be pleased to suspend the proceedings of the 3rd respondent vide Ref No. 1/361/2025, dated 26-04-2025, in respect of the petitioner's Fair Price Shop No. 13 (1122013) of Inagaluru Village, Thonduru Mandal, ' District, pending disposal of the above writ petition and to YSR Kadapa ' pass such Counsel for the Petitioner: 1.U RAMANJANEYULU Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES 3 TCDS.J W.P.No.l8666of2025 The Court made the following order: It is the case of the petitioner that she was appointed as permanent Fair Price Shop dealer for shop No. 1122013 of Inagaluru Village, Thonduru Mandal, YSR Kadapa District by virtue of proceedings dated 13.04.2015 issued by the O'"' respondent. It is further case of the petitioner that her authorization was renewed from time to time. It is also her case that she has been distributing essential commodities to the cardholders without there being any complaint. It is further stated that, while so, the 3'^^ respondent issued a show-cause notice dated 17.04.2025, calling for explanation as to why her authorization shall not be cancelled by framing the following two charges; i) The Fair Price Shop dealer has not produced valid authorization, and thereby violated the Control Rule No.8(11) of Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018. ii) The other charge is that the Fair Price Shop dealer is distributing the essential commodities to the cardholders with 1 Kg. less quantity. It is further case of the petitioner that she submitted 3. explanation stating that she has filed applications seeking to renew her authorization from time to time, and the last application was made i 4 TCDS,J W.P.No.18666 of2025 on 21.03.2025 by paying requisite fee. The said application is pending consideration before the 3'"' respondent. It is further case of the petitioner that, without passing orders on the application of the petitioner, a show-cause notice 17.04.2025 was issued on the ground that the authorization of the petitioner is not renewed. Thereafter, without considering the explanation submitted by the petitioner, the respondent passed the impugned order dated 26.04.2025 whereunder the authorization of the petitioner was suspended pending enquiry. Questioning the same, the present writ petition is filed. It is not in dispute that the petitioner was appointed as permanent Fair Price Shop dealer by virtue of proceedings dated 13.04.2015 issued by the 3'^'^ respondent. It is also not in dispute that the respondents are supplying the essential commodities to the petitioner so as to distribute the same to the cardholders. On perusal of the Challan dated 21.03.2025, it is clear that the petitioner made application seeking renewal of her authorization by paying requisite fee. Despite the same, without passing orders on the application submitted by the petitioner for renewal, the respondent issued a show-case notice dated 17.04.2025 alleging that the petitioner does not have valid authorization. The show-cause notice is issued without 4. 5 TCDS,J W.P.No.l8666of2025 verifying the factual matrix of the case inasmuch as the renewal application filed by the petitioner on 21.03.2025 is pending consideration before the 3^'^ respondent. Further, on perusal of Clause 8(11) (c) of the Control Orders, 2018, it is clear that when application for renewal of authorization is pending consideration, the respondents cannot treat that, the authorization is expired. Admittedly, the application of the petitioner is pending consideration and no orders are passed on the same. From the above, it is clear that the 3'^'^ respondent 5. passed the impugned order without properly appreciating the case of the petitioner and without considering the renewal application filed by the petitioner. For the reasons recorded supra, the impugned order is liable to be set aside. Accordingly, the Writ Petition is allowed setting aside the impugned order dated 26.04.2025 passed by the 3^^ respondent. 6. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Civil Supplies Department, Stat^ of Andhra PradeshSecretariat Buildings, Velagapudi, Amaravathi. 2. The Joint Collector, YSR Kadapa District at Kadapa. - 3. The Revenue Divisional Officer, Pulivendula, YSR Kadapa District. 4. The Tahsiidar, Thonduru Mandal, YSR Kadapa District ' 5. One CC to Sri U. Ramanjaneyulu, Advocate [OPUC] 0/^Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. ,7 ssb A HIGH COURT DATED:22/07/2025 ORDER WP No.18666 OF 2025 ALLOWING THE W.P. WITHOUT COSTS