APHC010394802025 IN THE HIGH COURT OF ANDHRA PRADESFT AT AMARAVATI (Special Original Jurisdiction) y '{ /V1 Cl vO f. s' ^■J TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE a Si ,j!, • n: . i X ■ ■< ' i PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION NO: 20394 OF 2025 Between: Shaik Kasim Saheb, S/o.Ahammad, Aged about 77 years, Occ: Fair Shop Dealer, F.P. Shop No.0713012, R/o. D.no.6-230, Nidumukkala, Tadikonda Mandal, Guntur District. ...Petitionee AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Consumer Affairs and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Revenue Divisional Officer, Guntur Division, Guntur District. 3. The Tahsildar, Tadikonda Mandal, Guntur District. > ...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 Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the respondents 2 in suspending the authorization of the petitioner without there being any excess variation found in the Epos Machine of the petitioner Fair price shop vide proceedings in Rc. no. 1771/2025-B dated 16.07.2025 is illegal, arbitrary and violation of Articles 14, 19 and 21 of constitution of India consequently set aside the same. 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 suspend the proceedings issued by the 2"^^ respondent vide proceedings in Rc. no. 1771/2025-B dated 16.07.2025 by continuing the petitioner as a F.P shop dealer in Shop No. 0713012, situated at Tadikonda Mandal, Guntur District. By enabling him to supply to the card holders pending disposal of the above Writ Petition. ^ r Nadumukkala Village, Counsel for the Petitioner: SRI K. SRINIVAS Counsel for the Respondents: GP FOR CIVIL SUPPLIES ^ The Court made the following order: APHC010394802025 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: 20394/2025 Between: 1.SHAIK KASIM SAHEB, S/O.AHAMMAD, 77,YEARS, OCC. FAIR SHOP DEALER, F.P. SHOP N0.0713012, R/0. D.NO.6-230. GUNTUR DISTRICT. AGED ABOUT NIDUMUKKALA, TADIKONDAMANDAL, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT, AMARAVATHI, GUNTUR DISTRICT. CONSUMER AFFAIRS AND CIVIL SUPPLIES SECRETARIAT BUILDINGS, VELAGAPUDI, 2.THE REVENUE DIVISIONAL OFFICER, GUNTUR DIVISION,GUNTUR DISTRICT. 3.THE TAHSILDAR, TADIKONDAMANDAL, GUNTUR 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 of Mandamus or any other appropriate Writ Order or direction declaring the respondents 2 in suspending the authorization of the petitioner without there being any excess variation found in the Epos Machine of the petitioner Fair price shop vide proceedings in Rc. no. 1771/2025-B dated action of the 2 VS,J W.P. No. 20394 of 2025 16.07.2025 is illegal, arbitrary and violation of Articles 14, 19 and 21 of constitution of India consequently set aside the same and pass 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 suspend the proceedings issued by the 2nd respondent vide proceedings in Rc. no. 1771/2025-B dated 16.07.2025 by continuing the petitioner as a F.P shop dealer in Shop No. 0713012, situated at Nadumukkala Village, Tadikonda Mandal, Guntur District. By enabling him to supply to the card holders pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1.KSRINIVAS Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J #■ W.P. No. 20394 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “...io issue a Writ of Mandamus or any other appropriate Writ Order or direction deciaring the action of the respondent No. 2 in suspending the authorization of the petitioner without there being any excess variation found in the Epos Machine of the petitioner Fair price shop vide proceedings in Rc.No.1771/2025-B dated 16.07.2025 is illegal, arbitrary and violation of Articles 14, 19 and 21 of constitution of India consequently set aside the same ....” The petitioner is authorized dealer of Fair Price Shop No.0713012, 2. situated at Nadumukkala Village, Tadikonda Mandal, Guntur District for distribution of essential commodities under the Public Distribution System (PDS) to the cardholders in the said village. The petitioner has been running the said Fair Price Shop, since the date of his appointment as an Fair Price Shop Dealer, without any complaints from the cardholders. While the matter being so, on 09.07.2025, a team of authorized 3. inspecting officials conducted inspection in the premises of the petitioner’s Fair Price Shop. During the course of said inspection, the officials observed and recorded certain discrepancies and irregularities in relation to the stock, quality and storage of specific commodities, namely fortified rice and sugar, which were found to be in deviation from the prescribed norms, standards or records maintained thereof. Pursuant to the said inspection, a panchanama was recorded in the presence of the 4 VS,J W.P. No. 20394 of 2025 independent witnesses. Thereafter, a show-cause notice was issued to the petitioner on 16.07.2025, calling fpr an explanation from the petitioner within a period of seven (7) days from the date of receipt of the said notice and on the other hand, the 2'^^ respondent passed suspension order on the same day i.e., 16.07.2025 even without waiting for the period of seven (7) days as mentioned in the show-cause notice. The grievance of the petitioner in the present writ petition is that, in spite of waiting for seven days for submitting explanation and without considering the same, the respondents have placed the petitioner under suspension on the same day itself i.e., 16.07.2025. The case of the petitioner is also that the CSDT, Tadikonda registered a case against one Sri.BandIa Punnarao who is owner of poultry farm and seized 3.55 quintals of PDS rice and handover the same to the petitioner under valid acknowledgement for temporary custody. As such, the question of excess of 6.98 quintals of PDS rice as on the date of inspection does not arise. 4. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 5. 6. As the present impugned suspension order has been passed even without waiting for a period of seven (7) days as mentioned in the show- cause notice, the order was passed on the date of issuance of show- cause notice, instead of going into the merits of the case, this Court feels 5 VS,J W.P. No. 20394 of 2025 it appropriate to set aside the impugned suspension order dated 16.07.2025. However, giving liberty to the petitioner to submit his explanation to the show-cause notice dated 16.07.2025 within a period of one week from the date of receipt of a copy of this order, and thereafter the respondents are at liberty to proceed further in accordance with law. It is needless to say that the respondent authorities are directed to supply the essential commodities to the petitioner. Accordingly, the Writ Petition is allowed. There shall be no order as 7. to costs. As a sequel. Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Consumer Affairs and Civil Supplies Department, State of Andhra Pradesh Velagapudi, Amaravathi, Guntur District. The Revenue Divisional Officer, Guntur Division,Guntur Distridt. The Tahsildar, Tadikonda Mandal, Guntur District. - One CC to Sri K. Srinivas, Advocate [OPUC] ^ Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] Two CD Copies Secretariat Buildings^ 2. 3. 4. 5. 6. Cnr HIGH COURT DATED:05/08/2025 ORDER WP NO. 20394 OF 2025 ^ 21 AUG 2025 p. SectioB^^ Co .^-^uniwinocb ALLOWING THE W.P. WITHOUT COSTS