1 APHC010393452019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 18855/2019 Between: 1. A.VENKATARAMANA REDDY,, S/O.LATE VENKATA REDDY, AGE 72 YEARS, OCC- FAIR PRICE DEALER, F.P.SHOP.NO.1033027, MUGALAMARRI VILLAGE, VALMIKIPURAM MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES (CS.I) DEPARTMENT, SECRETARIAT, SECRETARIAT BUILDINGS,. VELAGAPUDI, AMARAVATHI 2. THE JOINT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3. THE TAHSILDAR, VALMIKIPURAM MANDAL, CHITTOOR DISTRICT. 4. SATYA SAI SELF HELP GROUP, REP. BY ITS MEMBER, P. RAMADEVI, W/O. P.VASUDEVA REDDY, MUGALAMARRI VILLAGE, VALMIKIPURAM MANDAL, CHITTOOR 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 topleased to issue a writ or order more particularly one in the nature of Mandamus to declare the action of the 2nd respondent in appointing the 4th respondent as temporary Fair Price shop Dealer to the F.P.No.Shop No.1033027 of Mugalamarri Village, Valmikipurarn Mandal, Chittoor District 2 vide proceedings L.Dis(C1) 651/2019 dated 07.09.2019 issued by the 2nd respondent is illegal, arbitrary and violation of principles of natural justice and consequently set aside the same and to continue the petitioner as Fair Price Shop Dealer of F.P.No.Shop No.1033027 of Mugalamarri Village, Valmikipuram Mandal, Chittoor District IA NO: 1 OF 2019 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 pleased to suspend the proceedings vide L.Dis(C1) 651/2019 dated 07.09.2019 issued by the 2"d respondent by directing the respondents 2 and 3 to supply the ECs to the petitioner F.P.No.Shop No.1033027 of Mugalamarri Village, Valmikipuram Mandal, Chittoor District by handing over the Epos mission and Ele scale along with seized Essential Commodities, pending disposal of the above writ petition, Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. G P FOR CIVIL SUPPLIES 2. NAMBURI SREEMANNARAYANA 3. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a writ or order more particularly one in the nature of Mandamus to declare the action of the 2nd respondent in appointing the 4th respondent as temporary Fair Price shop Dealer to the F.P.No.Shop No.1033027 of Mugalamarri Village, Valmikipurarn Mandal, Chittoor District vide proceedings L.Dis(C1) 651/2019 dated 07.09.2019 issued by the 2nd respondent is illegal, arbitrary and violation of principles of natural justice and consequently set aside the same and to continue the petitioner as Fair Price Shop Dealer of F.P.No.Shop No.1033027 of Mugalamarri Village, Valmikipuram Mandal, Chittoor District….” 2. Brief facts of the case are that the petitioner herein was appointed as a fair price shop dealer of shop No.1033027 of Mugalamarri village, Valmikipuram mandal, Chittoor district in the year 2003 and ever since, the petitioner has been distributing essential commodities to cardholders, without there being any complaint. 3. White the matter stood thus, the 2nd respondent, basing on a report submitted by the 3rd respondent, has passed the impugned proceedings dated 07.09.2019 suspending the petitioner’s authorization pending enquiry and appointing the 4th respondent herein as a temporary fair price shop dealer. Aggrieved by the same, the present writ petition is filed. 4 4. When the writ petition came up for admission on 26.02.2021, this Court has suspended the operation of the impugned proceedings dated 07.09.2019 initially for a period of four weeks and the same was thereafter extended until further orders. 5. Heard Sri. K. Srinivas, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 6. Today when the writ petition came up for hearing, learned Assistant Government Pleader for Civil Supplies has produced a copy of instructions submitted by the Tahsildar, Valmikipuram mandal, Annamayya district dated 23.09.2025 wherein it is stated that as on today, the petitioner is running the fair price shop No.1033027,Mugalamarri village of Valmikipuram mandal, Annamayya district and that there no further notification is issued for filling up vacancy. 7. On a perusal of the impugned proceedings dated 07.09.2019, it can be observed that the 2nd respondent has passed the same only relying on the report submitted by the Tahsildar, Valmikipuram on 24.08.2019, but, there is not whisper as to whether any show cause notice was issued to the petitioner calling for an explanation. Further, there is no mention as to when the petitioner’s fair price shop was inspected by the respondent officials and the base for the Tahsildar to propose action against the petitioner herein, which admittedly is against the principles of natural justice. Without adhering to the same, the 2nd respondent has suspended the petitioner’s authorization of the 5 fair price shop pending enquiry and appointed the 4th respondent in the place of the petitioner, on temporary basis. 8. The fundamental rules of natural justice have become firmly embedded in modern jurisprudence and the same may be broadly categorized under the heads of: “(1) Nemo debet esse judex in propria causa, i.e. no one shall be a judge in his own case, or “Doctrine of Bias”. (2) Audi alteram partem i.e. Right of hearing. (3) Reasoned decision/Speaking order.” 9. In present case, this Court is primarily concerned with the second principle, viz., audi alteram partem. “Audi alteram partem” is one of the most important aspects of the principles of natural justice which literally means “to hear the other side”. This means the necessity to provide a fair hearing i.e. affording opportunity to the person concerned to explain his position before such person is subjected to any adverse action so that he may be able to explain the facts and circumstances and convince the authorities concerned that such a contemplated or proposed adverse action is not called for. This principle of audi alteram partem requires that notice must be given to the person before any adverse action is taken and such notice cannot be vague and ambiguous to the proposed action to be taken so as to apprise the authorities determinatively the cases he has to meet. In other words, the person concerned must be informed of the charges and allegations made 6 against him so that he may be able to fully meet these allegations and defend himself. 10. In view of the foregoing discussion, this writ petition is allowed and the proceeding of the 2nd respondent dated 07.09.2019 are hereby set-aside. However, as the petitioner is being continued as a fair price shop dealer of shop No.1033027 of Mugalamarri village, Valmikipurm mandal, Chittoor district, even as on today, the respondents are directed to continue the petitioner until a notification is issued for appointment of a permanent fair price shop dealer and also to supply essential commodities to the petitioner’s fair price shop. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :23.09.2025. Gss