APHC010387802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20095/2025 Between: 1. PAKANATI SRI LAKSHMI, D/O. VENKAIAH, AGED ABOUT 56 YEARS, OCC F.P. SHOP DEALER OF SHOP NO. 0846019, R/O. KADAVAKUDURU VILLAGE, CHINNAGANJAM MANDAL, BAPATIA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, FOOD CIVIL SUPPLIES DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COLLECTOR CS, BAPATLA DISTRICT, BAPATLA, A.P. 3. THE REVENUE DIVISIONAL OFFICER, CHIRALA, BAPATLA DISTRICT, A.P. 4. THE TAHSILDAR, CHINNAGANJAM MANDAL, BAPATLA DISTRICT, A.P. 5. THE CIVIL SUPPLIES REVENUE INSPECTOR, CHINNAGANJAM MANDAL, BAPATLA 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 2 VS,J W.P.No.20095 of 2025 may be pleased to issue a writ, order direction more particularly one the nature of a writ of Mandamus declaring the action of the 3RD respondent in issuing proceedings bearing Rc.H/593/2025 dated 30-05- 2025 wherein suspended the authorization of the petitioner FP Shop Dealer of Shop No. 0846019, Kadavakuduru Village, Chinnaganjam Mandal, Bapatia District is illegal, arbitrary and unjust and in violation of Principles of Natural Justice and consequently set aside the same by directing the respondents to restore the authorization of petitioners Fair Price Shop Dealer of Shop No. 0846019, Kadavakuduru Village, Chinnaganjam Mandal, Bapatia District and 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 to dispense with the filing of certified Copy of the FIR. No. 77 of 2025, on the file of Kothacheruvu Police Station, Sri Satya Sai District, and receive the main criminal petition on file in the interest of justice and to pass Counsel for the Petitioner: 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.20095 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate Order, Direction or Writ more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in issuing proceedings bearing Rc.H/593/2025 dated 30.05.2025 wherein suspended the authorization of the petitioner FP Shop Dealer of Shop No.0846019, Kadavakuduru Village, Chinnaganjam Mandal, Bapatia District is illegal, arbitrary and unjust and in violation of Principles of Natural Justice and consequently set aside the same by directing the respondents to restore the authorization of petitioner’s Fair Price Shop Dealer of Shop No.0846019, Kadavakuduru Village, Chinnaganjam Mandal, Bapatia District ….” 2. The petitioner was appointed as permanent Fair Price Shop Dealer of Shop No.0846019, Kadavakuduru Village, Chinnaganjam Mandal, Bapatla District. She has been distributing essential commodities to the card holders without any inconvenience to the card holders since 30 years. The said authorization has been renewed from time to time and the same is valid up to 31.03.2025 and for renewal, the necessary amount was already paid on 22.02.2025 and 12.03.2025. 3. While so, on 03.04.2025, the 5th respondent along with VRO, Kadavakuduru Village and Revenue Inspector, Chinnaganjam Mandal, inspected the petitioner’s Fair Price Shop in the presence of mediators and found certain variations of stock between the ground balance and the 4 VS,J W.P.No.20095 of 2025 stock register and also observed that the excess stock has been kept for shifting into the black market at a higher price. 4. The case of the petitioner is that she has never diverted the stocks into the black market nor violated the clauses of APSTPDS Control Order, 2018. However, the respondent authorities have seized the stock on 03.04.2025. Basing on the report submitted by the 5th respondent on 07.04.2025, the 3rd respondent has issued a show-cause notice on 07.04.2025 and initiated disciplinary proceedings by framing certain charges against the petitioner and also calling for an explanation within a period of seven (7) days from the date of receipt of the said show-cause notice. The petitioner has submitted her explanation on 30.04.2025 to the 3rd respondent. 5. The grievance of the petitioner is that the 3rd respondent without considering the explanation submitted by the petitioner, has passed the impugned order placing the petitioner’s authorization under suspension vide impugned proceedings dated 30.05.2025. 6. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 7. Learned Assistant Government Pleader for Civil Supplies has furnished a copy of the instructions of the Revenue Divisional Officer, Chirala, dated 28.07.2025, wherein it is stated that during the course of 5 VS,J W.P.No.20095 of 2025 inspection there was an excess balance of 1010 kgs of PDS fortified rice and 59 packets of sugar (1/2 kg each) in the petitioners’ Fair Price Shop, and the petitioner was placed under suspension after duly considering the explanation given by the petitioner on 30.05.2025; but, however, has stated that they are ready to complete the enquiry within a period of two (2) months from the date of this order. 8. Since the matter pertains to suspension pending enquiry, instead of going into merits of the case, this Court feels it appropriate to dispose of the writ petition by directing the respondents to complete the enquiry by giving a fair opportunity to the petitioner as expeditiously as possible, preferably within a period of two (2) months from the date of a copy of the order. 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 04.08.2025 KGR