APHC010394742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 0 TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20337 OF 2025 Between: K.AIIuramma, W/o. late Chinna Aadaiyya, aged about 51 years, Occ: Dealer F.P.Shop No. 0809024, R/o. Goguladinne Village, Prakasam District. Markapur Mandal, ...Petitioner AND The State of Andhra Pradesh, Rep by its Principal Secretary to Government, Civil Supplies Department, Amaravati, Guntur District. 2. The Collector Civil Supplies, Prakasam District, At Ongole. 3. The Sub Colleetor, Markapur Revenue Division, Markapur, Prakasam District. 4. The Tahsildar, Markapur Mandal, Markapur, Prakasam District 5. The Enforcement Deputy Tahsildar, Markapur Mandal, Prakasam District. 1. Secretariat Buildings Markapur, ...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 a appropriate Writ Order or direction more particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the proceedings of the Respondent No. 3 issued vide proceeding in Rc.C/75/2025 mw'- ■' dated 25.-07-2025, suspending the authorisation in respect of FP Shop No. 0809024, Goguladinne Village, Markapur Mandat, Markapur Division, Prakasam District as illegal, and contrary to A.P.State Targeted Public Distribution System (Control) order 2018 apart from violation of Principles of Natural Justice consequentially set aside the proceedings of the Respondent No 3 in Rc. C/75/2025 dated 25.07.2025 and further direct the Respondents to continue the petitioner as F P Shop Dealer. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the Fligh Court may be pleased to direct the Respondents to allot the stocks for distribution to the card holders by suspending the order issued by the Respondent No 3 in Rc.C/75/2025, dated 25.07.2025 in respect of FP Shop No 0809024, Goguladinne Village, Markapur Mandal, Markapur Division, Prakasam District and allot stocks to the Petitioner for distribution to the card holders. Counsel for the Petitioner: SRI B. SESIBUSHAN RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010394742^25 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: 20337/2025 Between; AGED 1KALLURAMMA,, W/0. LATE CHINNA AADAIYYA , F.P.SHOP NO. 0809024, ABOUT 51 YEARS, OCC- DEALER R/O, GOGULADINNE VILLAGE , PRAKASAM DISTRICT. MARKAPUR MANDAL, ...PETITIONER AND 1 THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SUPPLIES CIVIL GOVERNMENT, SECRETARIAT BUILDINGS, AMARAVATI, SECRETARY TO DEPARTMENT, GUNTUR DISTRICT. 2.THE COLLECTOR CIVIL SUPPLIES, PRAKASAM DISTRICT, AT ONGOLE. 3.THE SUBCOLLEETOR, MARKAPUR REVENUE DIVISION, MARKAPUR, PRAKASAM DISTRICT. 4.THE TAHSILDAR, MARKAPUR MANDAL, PRAKASAM DISTRICT 5.THE ENFORCEMENT DEPUTY TAHSILDAR MANDAL, MARKAPUR, PRAKASAM DISTRICT. MARKAPUR, MARKAPUR ...RESPONDENT{S): 2 vs,] W.P.No.20337of2025 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 a appropriate Writ Order or direction more the nature of writ of Mandamus or any other appropriate writ declaring the proceedings of the Respondent No. 3 issued vide proceeding in Rc.C/75/2025 dated 25.-07-2025, suspending the authorisation in respect of FP Shop No. Village, Markapur Mandal, Markapur Division illegal, and contrary to A.P.State Targeted Public Distribution System (Control) order 2018 apart from violation of Principles of Natural Justice consequentially set aside the proceedings of the Respondent No 3 in Rc. C/75/2025 dated 25.07.2025 and further direct the continue the petitioner as F P Shop Dealer and lA NO: 1 OF 2025 particularly one in 0809024, Goguladinne Prakasam District as Respondents to pass Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court i be pleased to direct the Respondents to allot the stocks for distribution to the card holders by suspending the order issued by the Respondent No 3 in Rc.C/75/2025, dated 25.07.2025 in respect of FP Shop No 0809024, Goguladinne Village, Markapur Mandal, Markapur Division, Prakasam District and allot stocks to the Petitioner for distribution card holders, pass may to the Counsel for the Petitioner: 1.B SESIBUSHAN RAO Counsel for the Respondent{S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 vsj W.P.No.20337 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief;- “...io issue a appropriate Writ Order or direction more particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the proceedings of the Respondent No. 3 issued vide proceeding in Rc.C/75/2025 dated 25.07.2025, suspending the authorisation in respect of FP Shop No. 0809024, Goguladinne Village, Markapur Mandat, Markapur Division, Prakasam District as illegal and contrary to A.P. State Targeted Public Distribution System (Control} order 2018 apart from violation of Principles of Natural Justice consequentially set aside the proceedings of the Respondent No. 3 in Rc.C/75/2025 dated 25.07.2025 and further direct the Respondents to continue the petitioner as F.P. Shop Dealer ....’’ The petitioner was appointed as the dealer of Fair Price Shop 2. No.0809024, Goguladinne Village, Markapur Mandal, Markapur Division Prakasam District on compassionate grounds in year 2017. Thereafter, the said authorization has been extended from time to time. While the matter being so, due to the influence of some local political leaders, the respondent inspected the petitioner’s Fair Price Shop on 11.01.2025 and submitted a report to the 3'^^ respondent as if the inspection was conducted on 23.01.2025 and reported certain variations. Basing on the report submitted by the 5‘^ respondent, a show-cause was issued to the petitioner on 10.02.2025, calling for an explanation within seven (7) days. The petitioner submitted his explanation on 14.02.2025, 3. 4 VSJ W.P.No.20337 of 2025 wherein it was specifically stated that the closing balance should be 2621 kgs, which is 52 bags 21 kgs of rice, and while the inspection was going on, the respondent hurriedly counted the rice bags without weighing the loose rice and concluded that only 47 bags of rice were found during the course of inspection in the petitioner’s Fair Price Shop. Accordingly, a panchanama was also conducted on 23.01.2025. As the petitioner was placed under suspension vide proceedings dated 24.02.2025 without even considering her explanation, the petitioner was constrained to file W.P.No.6652 of 2025 and the said writ petition was allowed on 21.03.2025, setting aside the proceedings dated 24.02.2025. Thereafter, the 3'^'^ respondent issued proceedings dated 06.06.2025 revoking the suspension order passed against the petitioner. However, in spite of the same, as respondents No.4 and 5 did not enforce the said order, the petitioner was again constrained to file W.P.No.16055 of 2025. Pending the said writ petition, the learned Assistant Government Pleader for Civil Supplies has submitted that the order dated 06.06.2025 passed by the 3^^ respondent had been implemented and that essential commodities were also supplied to the petitioner on 30.06.2025. Recording the same, the W.P.No.16055 of 2025 was closed. 4. 5. However, the grievance of the petitioner in the present writ petition IS that, thereafter, the 3'^'^ respondent has passed the impugned proceedings dated 25.07.2025, again placing the petitioner under 5 VS,J W.P. No.20337 of2025 suspension without there being any show-cause notice or calling for an explanation from the petitioner, but only basing on the earlier report of the 5*^ respondent. Challenging the same, the present petition has been filed. 6. Heard learned counsel for the petitioner as well as learned Assistant Government Pleader for Civil Supplies. On perusal of the impugned proceedings dated 25.07.2025, it can be observed that the said proceedings have been passed basing on the 7. show-cause notice dated 10.02.2025, which was in fact challenged in rd W.P.No.6652 of 2025 before this Court; and in spite of the same, the 3 respondent has suspended the petitioner’s authorization basing on the same show-cause notice which was issued way back in the month of February, 2025. As such, it can be stated that the said impugned proceedings have been passed even without there being any show-cause notice calling for an explanation from the petitioner. 8. Today, the learned Assistant Government Pleader for Civil Supplies has furnished a copy of instructions of the Sub-Collector, Markapur, dated 04.08.2025, reiterating the facts with regard to the issuance of the show- cause notice on 10.02.2025, which was, in fact, set-aside by this Court. This fact clearly establishes that, without issuing any show-cause notice. the present impugned suspension orders have been passed. vsj W.P.No.20337of2025 9. In view of the same, the impugned proceedings dated respondents are directed to 25.07.2025 supply the essential Shop. However, the initiating disciplinary proceedings if committed by the petitioner, in accordance with are set aside, and the commodities to the petitioner’s Fair Price respondents are not precluded for ini any irregularities have been law. 10. Accordingly, the Writ Petition iIS allowed. There shall be no order as to costs. As a sequel, Interlocutory Applications Petition, shall stand closed. pending, if any, in this Writ Sdl- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// To, SEC N OFFICER T The Principal Secretary State of Andhra District. 2- The Collector Civil Supplies The Sub Colleetor District. 4- The Tahsildar, r 5. The Enforcement Prakasam District. 6. One CC to Sri B. 7. Two CCs to [OUT] 8. Two CD Copies to Government Pradesh, Secretariat ’ Supplies Department Buildings, Amaravati, Guntur Prakasam District, At Ongole. Markapur Revenue Division, Markapur, Prakasam Markapur Mandal, Deputy Tahsildar, Markapur, Prakasam District r Markapur Mandal, Markapur, Sesibushan Rao, Advocate GP for Civil Supplies, fOPUCJ High Court of Andhra Pradesh Cnr HIGH COURT DATED:05/08/2025 ORDER WP NO. 20337 OF 2025 ALLOWING THE W.P. WITHOUT COSTS