APHC010393962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20489/2025 Between: 1. MALLEPOGU PRATHYUSHA, D/O M. CHENNARAYUDU, AGED ABOUT 24 YEARS, OCCUPATION. TEMPERARY FAIR PRICE SHOP DEALER IN SHOP NO.1382123, KURNOOL URBAN, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE COLLECTOR CS/JOINT COLLECTOR AND ADDITIONAL DISTRICT MAGISTRATE, KURNOOL, KURNOOL DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, KURNOOL, KURNOOL DISTRICT. 4. THE ASSISTANT SUPPLY OFFICER, KURNOOL URBAN, KURNOOL DISTRICT. 5. D RENUKA DEVI, W/O. RAGHAVENDRA, AGED ABOUT 37 YEARS. TEMPERARY FAIR PRICE SHOP DEALER IN SHOP NO.1382123, KURNOOL URBAN, KURNOOL DISTRICT. ...RESPONDENT(S): 2 VS,J W.P.No.20489 of 2025 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 Proceedings Rc.DT(LR)426/2020 dated 08.07.2025 issued by the 3rd respondent in cancelling the Fair Price Shop Authorization of the petitioner in Shop No. 1382123, Kurnool Urban, Kurnool District as illegal, improper, unjust arbitrary, colorable exercise of power, without considering the contentions in the appeal, without following the procedure and contrary to Andhra Pradesh State Targeted Public Distribution System (Control) order, 2018 and further direct the respondents to permit the petitioner to distribute the essential commodities to the card holders 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 stay the Proceedings in Rc.DT(LR)426/2020 dated 08.07.2025 issued by the 3rd respondent duly permitting the petitioner to run the Fair Price Shop No. No.1382123, Kurnool Urban, Kurnool District pending disposal of the writ petition and pass Counsel for the Petitioner: 1. MAHADEVA KANTHRIGALA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.20489 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the Proceedings Rc.DT(LR)426/2020 dated 08.07.2025 issued by the 3rd respondent in cancelling the Fair Price Shop Authorization of the petitioner in Shop No.1382123, Kurnool Urban, Kurnool District as illegal, improper, unjust arbitrary, colorable exercise of power, by violating the Principles of Natural Justice, without following the procedure and contrary to Andhra Pradesh State Targeted Public Distribution System (Control) order, 2018 and further direct the respondents to permit the petitioner to distribute the essential commodities to the card holders ….” 2. The petitioner was appointed as Fair Price Shop dealer by the 3rd respondent vide proceedings dated 29.12.2020. Since the date of her appointment, the petitioner has been distributing the commodities to the cardholders without therebeing any complaints from the cardholders or the respondent authorities. 3. While the matter being so, on 05.07.2025, the 4th respondent submitted a report to the 3rd respondent alleging that the Assistant Supply Officer, Kurnool, along with his staff, visited the petitioner’s shop on 05.07.2025 at about 10.00 a.m., and the shop was closed since morning and the petitioner was not maintaining the timings. Basing on the said report, the 4th respondent issued impugned proceedings dated 08.07.2025 cancelling the petitioner’s authorization without issuing any 4 VS,J W.P.No.20489 of 2025 notice, thereby violating the principles of natural justice. Thereafter, the 5th respondent was appointed by the respondent authorities on temporary basis and she has been distributing the essential commodities to the cardholders which were under the control of the petitioner’s Fair Price Shop. Challenging which, the present writ petition is filed. 4. Heard learned counsel for the petitioner as well as learned Assistant Government Pleader for Civil Supplies. 5. On a perusal of the impugned proceedings, it can be seen that solely basing on the report submitted by the 4th respondent, the 3rd respondent passed the impugned proceedings dated 08.07.2025 cancelling the petitioner’s authorization without issuing any notice or calling for an explanation from the petitioner, which is in fact a violation of the principles of natural justice. 6. The Hon’ble Division Bench of this Court, in Writ Appeal No.122 of 2025, vide order dated 28.03.2025, has considered a similar issue and held as follows: “11. Unfortunately, a perusal of the RDO’s order shows that he has not even attempted to hold an enquiry and he has allowed himself to be swayed away by the report of the Tahsildar, without trying to test the veracity of the explanation offered by the petitioner. the learned single judge erred in appreciating the said aspects while dismissing the writ petition. As the respondent No.4 has not followed the said procedure and passed the order in violation of principles of natural justice, driving the petitioner towards alternative remedy does not arise and the order vide 5 VS,J W.P.No.20489 of 2025 proceedings Rc.No.B2/1262/2023 dated 28.07.2023, cannot be sustained and the same is accordingly set-aside. The order of the respondent No.3 dated 19.07.2024 vide Rc.No.K6/436/2023, which confirmed the order of the respondent No.4 is also set-aside. The matter is remitted back to the original primary authority for fresh consideration for conducting proper enquiry in the light of the observations made herein.” 7. As the facts in the said writ appeal and the facts in the case on hand are one and the same, following the said Judgment passed by the Hon’ble Division Bench of this Court, the present writ petition is also allowed under similar lines, and the matter is remanded back to the original primary authority for fresh consideration for conducting proper enquiry in the light of the observations made therein. 8. Accordingly, the Writ Petition is allowed, setting aside the impugned proceedings dated 08.07.2025, and the matter is remanded to the original primary authority. It is needless to say that the respondent authorities are directed to supply the essential commodities to the petitioner’s Fair Price Shop, pending further enquiry against the petitioner. 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: 05.08.2025 KGR