Jj IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) •-a«S5=^ WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE ^ 19 PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 433 OF 2025 Between: Chinthala Subbrayudu, S/o. Subbanna, Aged 40 years, Door No.3-123, Pottipadu, Permanent F.P Shop dealer of F.P Shop dealer of F.P shop No. 1104015 of the Chinnasettipalle Village, Rajupalem Mandal, Y.S.R Kadapa District, Andhra Pradesh State. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary to Government, Civil Supplies Department, Secretariat Buildings, Velagapudi, Guntur District. The Joint Collector, Y.S.R District, Kadapa. The Revenue Divisional Officer, Jammalamadugu Division Y.S.R District, The Tahsildar, Rajupalem Mandal Y.S.R District. 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 an appropriate Writ, Order or direction under Article 226 of constitution of India more particularly one in the nature of Writ of Mandamus declaring the proceedings in Ref. B/2150/2024, dated 23.12.2024 issued by the respondent No.3 as arbitrary and illegal, contrary objectives of the provisions of the Andhra Pradesh State Targeted Public Distribution System (Control) Orders, 2018 and contrary to the well- established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to me under Articles 21 and 300-A of the Constitution of India and consequently set aside the same and drop all the further proceedings in pursuance of the same. k 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 issue a direct Respondents to continue the petitioner forthwith as the fair price shop dealer by suspending the proceedings Ref.B/2150/2024, dated 23.12.2024 issued by the respondent No.3 pending disposal of the above Writ Petition. in Counsel for the Petitioner: SRI. PAPUDIPPU SASHIDAR REDDY ^ Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010007672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 433/2025 Between: Chinthala Subbrayudu ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following Order: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “...may be pleased to issue an appropriate Writ, Order or direction under Article 226 of Constitution of India more particularly one in the nature of Writ of Mandamus declaring the proceedings in Ref.B/2150/2024, dated 23.12.2024 issued by the respondent No.3 as arbitrary and illegal, contrary objectives of the provisions of the Andhra Pradesh State Targeted Public Distribution System (Control) Orders 2018 and contrary to the well established legal principles apart from being violative of the fundamental and W.P.No.433of2025 ^ Dt;08.01.202!^)^^ 2 Constitutional rights guaranteed to me under Articles 21 and 300-A of the Constitution of India and consequently set aside the same and drop all the further proceedings in pursuance of the same and pass such...” The learned counsel for the petitioner submitted that the petitioner is a dealer of fair price shop No.1104015 of Chinnasettipalli Village, Rajupalem Mandal. It is further submitted that the variation in the stock is purely due to the technical defect in e-pos machine, which has been in place since 23.05.2023. This has been clearly stated in the petitioner's explanation dated 20.12.2024. The same is substantiated by the release orders, copies of which have been enclosed to this petition. However, instead of thoroughly examining and considering this explanation, the impugned order vide Ref B/2150/2024, dated 23.12.2024, appears to have been passed mechanically, merely stating that the explanation is not convincing and that the variation in stock is significant. Consequently, the learned counsel for the petitioner contended that the impugned order reflects lack of proper scrutiny of the explanation offered and amounts to a mechanical decision to suspend the petitioner's dealership. 02. The learned Assistant Government Pleader for Civil Supplies placed on respondent, dated 07.01.2025 and contended that the impugned order had been passed due to the variation in the stock and the explanation submitted by the petitioner had not been duly demonstrated before the authority. 03. th record the written instructions of 4 04. Perused the record. The documents related to the release orders clearly substantiate the explanation offered. Since the relevant information is readily available to the authority, the explanation submitted ought to have been cross-verified with the data available with the authority. Instead of doing so, the impugned 05. W.P.No.433 of 2025 Dt:08.01.2025 3 suspension order vide Ref B/2150/2024, dated 23.12.2024, was passed merely by rejecting the petitioner’s explanation dated 20.12.2024, with the reasoning that the explanation was not convincing and the variation in stock was significant. In the light of these facts and circumstances, the impugned order is not proper and is liable to be set aside. Accordingly, the Writ Petition is allowed by setting aside the impugned proceeding vide Ref B/2150/2024, dated 23.12.2024, passed by the respondent No.3. I ' r 06. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary to Government, Civil Supplies Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The Joint Collector, Y.S.R District, Kadapa. The Revenue Divisional Officer, Jammalamadugu Division Y.S.R District. 3. The Tahsildar, Rajupalem Mandal Y.S.R District. 4. One CC to Sri. Papudippu Sashidar Reddy Advocate [OPUC] 5. Two CCs to GP for Civil Supplies, High Court Of Andhra Pradesh. [OUT] 6. 7. Three CD Copies GSC HIGH COURT DATED:08/01/2025 ORDER WP.No.433 of 2025 ALLOWING OF THE WP WITHOUT COSTS