APHC010376772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No: 18991 OF 2025 Between: Padavala Bala Sujatha, W/o. Subramanyam, Aged about 38 years, Occ: Fair Price Shop Dealer, R/o. H.No.2-111/1, Kothota Village, H/o. Mutyalapalli Mogaltur Mandal, West Godavari District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Consumer Affairs and Civil Supplies Department Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The District Collector, West Godavari District at Bhimavaram, Andhra Pradesh. 3. The Joint Collector, West Godavari District at Bhimavaram, Andhra Pradesh. 4. The Revenue Divisional Officer, Narsapuram Revenue Division, West Godavari District, Andhra Pradesh. 5. The Tahsildar, Mogaltur Mandal, West Godavari 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 an appropriate Writ, Order or direction more particularlyone in the nature of WRIT OF MANDAMUS declaring the respondents 4 in initiating proceedings vide Roc. No.1397/2025/C S, dated action of the 07.07.2025 basing on the report of the 5^*^ respondent i.e., Tahsildar dated 05.07.2025 which was basing on the mediators report dated 04.07.2025 as illegal, arbitrary, unreasonable, unjust and also violation of Andhra Pradesh State Targeted Public Distribution System (Control) order, 2018, violation of The Andhra Pradesh Public Distribution System Control Order, 2001 and also violation of Articles 14, 19 and 21 of Constitution of India and consequently setaside the same and continue the petitioner as a Fair Price Shop Dealer vide shop No.0546038 of the Kothata Village, Mogaltur Mandal, West Godavari 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 impugned order vide Roc. No.1397/2025/CS, dated 07.07.2025 passed by the respondent No.4 pending disposal of the above Writ Petition. lA No: 2 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 direct the respondent No. 4 & 5 to supplying the essential commodities to the petitioner Fair price dealer vide shop No.0546038 of the Kothata Village, Mogaltur Mandal, West Godavari District by enabling her to supply to the card holders pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI DASARI S.V.V.S.V.PRASAD Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010376772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18991/2025 Between: 1.PADAVALA BALA SUJATHA, W/0. SUBRAMANYAM, AGED ABOUT 38 YEARS, OCC. FAIR PRICE SHOP DEALER, R/0. H. NO. 2-111/1, KOTHOTA VILLAGE H/0. MUTYALAPALLI MOGALTUR MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH. REP. BY PRINCIPAL SECRETARY. CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT BHIMAVARAM, ANDHRA PRADESH. 3.THE JOINT COLLECTOR. WEST GODAVARI DISTRICT AT BHIMAVARAM, ANDHRA PRADESH. 4.THE REVENUE DIVISIONAL OFFICER, NARSAPURAM REVENUE DIVISION, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 5.THE TAHSILDAR, MOGALTUR MANDAL, WEST GODAVARI 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 declaring the action of the respondents 4 in initiating proceedings vide Roc. No. 1397/2025/CS, dated 07.07.2025 basing on the report of the 5th respondent i.e., Tahsildar dated 05.07.2025 which was basing on the mediators report dated 04.07.2025 as illegal, arbitrary, unreasonable, unjust and also violation of Andhra Pradesh State Targeted Public Distribution System (Control) order, 2018, violation of The Andhra Pradesh Public Distribution System Control Order, 2001 and also 2 S and violation of Article 14, 19 and 21 of Constitution of India consequently set aside the same and continue the petitioner as a Fair Price Shop Dealer vide shop No.0546038 of the Kothata Village, Mogaltur Mandal, West Godavari 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 impugned order vide Roc. No. 1397/2025/CS, dated 07.07.2025 passed by the respondent No.4 pending disposal of the above writ petition. lA NO: 2 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 direct the respondent No. 4 & 5 to supplying the essential commodities to the petitioner fair price dealer vide shop No.0546038 of the Kothata Village, Mogaltur Mandal, West Godavari District by enabling her to supply to the card holders pending disposal of the above writ petition. Counsel for the Petitioner; 1. DASARl S V V S V PRASAD Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO. 18991 of 2025 ORDER: The petitioner is fair price shop dealer of shop No.0546038 of Kothata Village, Mogaltur Mandal, West Godavari District. Since the date of appointment, she has been distributing the essential commodities to the cardholders to the utmost satisfaction of the respondents. It is further case of the petitioner that pursuant to inspection conducted by the Tahsildar on 04.07.2025, a show cause notice dated 07.07.2025 was issued to the petitioner calling for objections as to why her authorization shall not be cancelled and further directing the petitioner to appear for enquiry to be conducted 17.07.2025 at 4.00 p.m. in the office of the 4*^ respondent. It is further stated that on the same day, her authorization was suspended pending enquiry. Questioning the same, the present writ petition is filed. on 2. Learned counsel for the petitioner would strenuously contend that panchanama drawn by the inspecting officers would indicate that there is a variation of 20 kgs of rice and 5 kgs variation in sugar. If the same is juxtaposed with the impugned order whereunder it is stated that the variation in respect of the sugar is shown as 10 kgs which is contrary to the panchanama drawn by the inspecting officers. Apart from the same, learned counsel for the petitioner would further submit that the variation alleged in the panchanama and as well as show 4 cause notice, is within the permissible limits as per Clause 29(a) of A.P. State Targeted Public Distribution System (Control) Order 2018. 3. On the other hand, learned Government Pleader for Civil Supplies would fairly submit that the variation alleged in inspection report is within the permissible limit. Having regard to the submissions made by the learned counsel 4. for the petitioner and the learned Government Pleader for Civil Supplies, since the variation alleged in the impugned suspension order, dated 07.07.2025 is within the permissible limits as per Clause 29(a) of A.P.State Targeted Public Distribution System (Control) Order 2018, the impugned suspension order is hereby set aside. 5. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any. shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR^ //TRUE COPY// 0^ SECTION OFFICER To, 1. The Principal Secretary Department, State of Andhra Velagapudi, Amaravathi, Guntur District. 2. The District Collector, West Godavari District Pradesh. 3. The Joint Collector, West Godavari District Pradesh. Consumer Affairs & Civil Supplies Secretariat Buildings, Pradesh, at Bhimavaram, Andhra at Bhimavaram, Andhra 4. The Revenue Divisional Officer, Narsapuram Revenue Division, West Godavari District, Andhra Pradesh. 5. The Tahsildar, Mogaltur Mandal, West Godavari District. 6. One CO to Sri Dasari.S.V.V.S.V.Prasad, Advocate [OPUC] 7. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. gi HIGH COURT DATED:23/07/2025 ORDER WP No.18991 OF 2025 ALLOWING THE WRIT PETITION WITHOUT COSTS