VTA 010378702025 IN THE HIGH COURT OF ANDHRA PRADESH A AT AMARAVATI (Special Original Juri$diction) •tiu o i\o c> THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE X.' PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 19153 OF 2025 Between: Smt Arepalli Bhulakshmi W/o Siva Rama Krishna Age 35 years, Occ FP shop dealer Thotlavalluru Rural Mandal, Krishna Dist. for Shop No.0619002, Chinapulipaka Village ...Petitioner AND 1. State of Andhra Pradesh, rep.by its Principle Secretary Civil Supplies Department, Secretariat Velagapudi, Guntur Dist. The Collector CS, Krishna Dist., at Machilipatnam. The Revenue Divisional Officer, Vuyyuru Division, Krishna Dist. The Tahsildar, Thotlavalluru Mandal, Krishna Dist. 2. 3. 4. ...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 Writ Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the 3rd respondent vide Rc.CS/18/2025 dt 16-7-2025 suspending the petitioners authorization in respect of the FP Shop No.0619002, Chinapulipaka Village, Rural Mandal, Krishna Dist., without assigning any valid reasons and without following the procedure as contemplated under AP State Thotlavalluru Targeted Distribution System (Control) Order, 2018 is illegal, arbitrary malafide and contrary to provisions of Andhra Pradesh State Targetted Public System (Control) Order, 2018 apart from violation of the Distribution principles of natural justice and consequentially set aside the impugned order dt 16-7-2025 by Public directing the Respondents to continue petitioner as FP Shop dealer as usual, and pass any deem fit in the interest of Justice. other order this Hon’ble Court may lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated support of the petition, the High Court may be pleased vide in the affidavit filed in Suspend the impugned order passed by the 3rd respondent Rc.CS/18/2025 dt; 16-7-2025 in respect of FP Shop No.0619002, Thotlavalluru Rural Mandal, Krishna Dist., by dealer as usual, pending disposal of the writ Chinapulipaka Village continuing the petitioner as petition. Counsel for the Petitioner: SR^ M -MM'SRINIVASA RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010378702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 19153/2025 Between; 1.SMT.AREPALLI BHULAKSHM, I W/0 SIVA RAMA KRISHNA AGE 35 YEARS, OCC FP SHOP DEALER FOR SHOP N0.0619002, CHINAPULIPAKA VILLAGE THOTLAVALLURU RURAL MANDAL, KRISHNA DIST. ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DIST. 2.THE COLLECTOR OS MACHILIPATNAM. 3.THE REVENUE DIVISIONAL OFFICER, VUYYURU DIVISION KRISHNA DIST. 4.THE TAHSILDAR, THOTLAVALLURU MANDAL, KRISHNA DIST. KRISHNA DIST., AT ...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 Writ Order Orders or a Direction more particularly one in the nature of Writ of or 2 A TCDSJ W.P.No.l9153of2025 Mandamus declaring the impugned order issued by the 3rd respondent vide Rc.CS/18/2025 dt 16-7-2025 suspending the petitioners authorization in respect of the FP Shop No.0619002, Chinapulipaka Village, Thotlavalluru Rural Mandal, Krishna Dist., without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted Distribution System (Control) Order, 2018 is illegal, arbitrary malafide and contrary to provisions of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018 apart from violation of the principles of natural justice and consequentially set aside the impugned order dt 16-7-2025 by Public directing the Respondents to continue petitioner as FP Shop dealer as usual, and pass any other order this Honble Court may deem fit in the interest of Justice. lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased Suspend the impugned order passed by the 3rd respondent vide Rc.CS/18/2025 dt; 16-7-2025 in respect of FP Shop No.0619002, Chinapulipaka Village, Thotlavalluru Rural Mandal, Krishna Dist., by continuing the petitioner as dealer as usual, pending disposal of the writ petition. Counsel for the Petitioner: praying that in the 1.M M M SRINIVASA RAO Counsel for the Respondent(S); 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 TCDS,J W.P.No.19153 of 2025 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 19153 of 2025 ORDER: The present writ petition is filed questioning the order dated 16.07.2025 passed by the respondent whereunder the authorization of petitioner’s fair price shop No.0619002 of Chinapulipaka village, Thotlavalluru Rural Mandal, Krishna District was suspended. It is the case of the petitioner that she is a permanent dealer of 2. the said fair price shop and her authorization is valid upto 31.03.2027. It is the further case of the petitioner that she has been distributing the essential commodities to the card holders without any complaints and to the utmost satisfaction of the respondents. It is further stated that while so, on 06.06.2025, the Special Deputy Tahsildar (PDS) Pamarru along with Village Revenue Officer, Chinapulipaka village, inspected the shop of the petitioner and found variation of 2 kgs of PDS rice. Based on the said inspection report. show cause notice dated 19.06.2025 was issued to the petitioner asking her to submit explanation as to why her authorization shall not be cancelled. The allegations in the show cause notices are that (1) 4 * l> TCDS,J W.P.No.19153 of 2025 the fair price shop is being run at Door No.1-22, which is not the authorized premises, (2) the details of stock and prices are not maintained in the stock-cum-price board, (3) samples of the commodities for ration card holders are not displayed at the fair price shop and (4) no account book was maintained for stock distribution at the shop. Upon receiving the said show cause notice, the petitioner submitted explanation dated 28.06.2025 to the 3'^ respondent whereunder she has categorically stated that though the stocks are stored at D.No.1-22, the same is adjacent to D.No.1-23 and both the 3. structures are within the same premises in the same compound and both the structures belong to the petitioner. In support of her contention, she filed copies of photographs to show that both the door numbers are existing within the same compound. It is further stated in the explanation that the stocks were being stored at Door No. 1-22 for operational convenience and to ensure effective delivery of essential commodities to the beneficiaries. Insofar as the other allegations are concerned, the petitioner has specifically denied the same in her explanation. Apart from the same, she also stated that the other allegations levelled against her in the show cause notice were only invented for the purpose of issuance of the said notice. The 3''^ respondent thereafter passed impugned order dated 5 TCDS.J W.P.No.19153 oj2025 16.07.2025 whereby and whereunder her authorization was suspended pending enquiry. On perusal of the impugned order, while suspending the authorization, the 3'’'^ respondent completely brushed aside the explanation offered by the petitioner and the same was not at all considered in its proper perspective. Though it is observed in the impugned order that both the houses belong to the petitioner, no finding is given on the first charge. Further on perusal of the photographs filed along with the present writ petition, it is open to the naked eye that both the premises are abutting to each other and the same are existing within the same compound. The explanation offered by the petitioner that the stocks are being stored at D.No.1-22 for operational convenience and for effective distribution of essential commodities is not at all considered. The other grounds alleged against the petitioner are denied by the petitioner in her explanation the same were also not taken into account while passing the impugned order. Further, while suspending the authorization of errant dealer, as per Clause 8(4) of Control Order, 2018, the appointing authority has to conduct enquiry and to record reasons in writing. But in the case on hand, there is no such enquiry conducted. Viewed from any angle, the order under challenge is not sustainable and accordingly, the same is set aside. 6 TCDSJ W.P.No.19153 of 2025 4. For the foregoing reasons, this writ petition is allowed. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAFi //TRUE COPY// SEC OFFICER To, 1. The Principle Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat Velagapudi, Guntur Dist. The Collector CS, Krishna Dist., at Machilipatnam. The Revenue Divisional Officer, Vuyyuru Division, Krishna Dist. The Tahsildar, Thotlavalluru Mandal, Krishna Dist. One CC to Sri. M M M Srinivasa Rao Advocate [OPUC] Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] Two CD Copies GSC 2. 3. 4. 5. 6. 7. % HIGH COURT DATE0:24/07/2025 ORDER WP NO. 19153 OF 2025 « 3 (I JW 2m ^ Ctifrent Sacuop . % a? ALLOWING THE WP WITHOUT COSTS