aaataoi: APHC010396512025 IN THE HIGH COURT OF ANDHRA RRADESH AT AMARAVATI (Special Original Jurisdiction) km TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20458 OF 2025 Between: Smt. K Amaravathi, W/o Ganesh Babu, aged about 34 Years, Occ.F.P.Shop Dealer, F.P.Shop No.1084085, Mangalam village, Tirupati Urban Mandal, Tirupati District. ...Petitioner AND 1. The State of Andhra Pradesh, rept., by its Principal Secretary, Food and Civil Supplies Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The District Collector, Tirupathi Tirupathi District. - - 3. The Joint Collector (CS), Tirupathi District, ■ 4. The Revenue Divisional Officer, Tirupati, Tirupathi District. 5. The Tahsildar, Tirupati Urban Mandal, Tirupati Tirupathi 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 to declaring the impugned order passed by the Revenue Divisional Officer, Tirupathi, Tirupathi District, the 4th respondent herein vide K/794/2025, dt.23.07.2025, Cancelling the authorization of the petitioner. '^Sk- without conducting any enquiry, as illegal, arbitrary, without jurisdiction, in grosj^wiplation of principles of natural justice and contrary to the provisions of A.P' Targeted Public Distribution Systern (Control) Order, 2018 and conseqii^ntty set aside the commodities to the petitioner as fair price shop dealer. same by^ -restoring to supply essential 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 direct the respondents to allow the petitioner to distribute the Essential Commodities to the respective card holders as F.P shop dealer, attached to in shop No. 1084085 of Mangalam Village, in Tirupathi Urban Mandal, Tirupathi District, by suspending the operation of the order vide F/794/2025,dt.23.07.2025, passed by the Revenue Divisional Officer, Tirupathi, Tirupathi District, the 4th respondent herein, pending disposal of the above writ petition. Counsel for the Petitioner: SRI GNANESWARA RAO MITTIREDDI Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010396512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] 1; TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20458/2025 Between; 1.SMT K AMARAVATHI, W/0 GANESH BABU, AGED ABOUT 34 YEARS, OCC.F.P.SHOP DEALER MANGALAM VILLAGE, TIRUPATI URBAN MANDAL, TIRUPATI DISTRICT. F.P.SHOP NO.1084085, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPT., BY ITS PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, DISTRICT, A.P. GUNTUR TIRUPATHI 2.THE DISTRICT COLLECTOR, TIRUPATHI DISTRICT. 3.THE JOINT COLLECTOR CS, TIRUPATHI DISTRICT, 4.THE REVENUE DIVISIONAL OFFICER, TIRUPATI, TIRUPATHI DISTRICT. 5.THE TAHSILDAR, TIRUPATI URBAN MANDAL, TIRUPATI TIRUPATHI 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 2 VS,J W.P.No.20458of2025 may be pleased to issue a Writ of mandamus or any other appropriate writ order or direction to declaring the impugned order passed by the Revenue Divisional Officer, Tirupathi, Tirupathi District, the 4th respondent herein vide K/794/2025, dt.23.07.2025. Cancelling the authorization of the petitioner, without conducting any enquiry, as illegal, arbitrary, without jurisdiction, in gross violation of principles of natural justice and contrary to the provisions of A.P State Targeted Public Distribution System (Control) Order, 2018 and consequently set aside the same by restoring to supply essential commodities to the petitioner as fair price shop dealer and pass lANO: 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 direct the respondents to allow the petitioner to distribute the Essential Commodities to the respective card holders as F.P shop dealer, attached to in shop No. 1084085 of Mangalam Village, in Tirupathi Urban Mandal, Tirupathi District, by suspending the operation of the order vide F/794/2025,dt.23.07.2025, passed by the Revenue Divisional Cfficer, Tirupathi, Tirupathi District, the 4th respondent herein, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1.GNANESWARA RAC MITTIREDDI Counsel for the Respondent(S): 1.GP FCR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.20458of2025 ORDER This writ petition is filed under Article 226 of the Constitution of India seeking the following relief;- “....to issue a Writ of mandamus or any other appropriate writ, order or direction to declaring the impugned order passed by the Revenue Divisional Officer, Tirupathi, Tirupathi District, the 4^'’ respondent herein vide K/794/2025, dated 23 07 2025, cancelling the authorization of the petitioner, without conducting any enquiry, as illegal, arbitrary, without jurisdiction, in gross violation of principles of natural justice and contrary to the provisions of A.P. State Targeted Public Distribution System (Control) Order, 2018 and consequently set aside the same byrestoring to supply essential commodities to the petitioner as fair price shop dealer....” 2. The petitioner was appointed as a Fair Shop Dealer on permanent basis in the year 2013 in Shop No.1084085, Mangalam Village, Tirupati Urban Mandal, Tirupati District. Since the date of the said appointment, the petitioner has been distributing essential commodities to cardholders without any complaints either from the cardholders or the respondent authorities. While the matter being so, on 04.07.2025, after change of Government and due to political pressures, a team consisting of the Civil Supplies Deputy Tahsildar, Tirupati Urban, the Village Revenue Officer, Mangalam Village of Tirupati Urban and Mandal along with the Vigilance & Enforcement Authority, Tirupati, and other subordinate officials, conducted a surprise visit to the petitioner’s Fair Price Shop. During the 3. 4 VS,J W.P.No.20458 of 2025 inspection, the team has found some variations in the stocks of the petitioner’s Fair Price Shop. Accordingly, the respondent issued a show-cause notice on 05.07.2025, directing the petitioner to appear his office on 14.07.2025 at about 11.00 a.m. for an enquiry. The grievance of the petitioner is that, instead of calling for an explanation from the petitioner, the 4^^ respondent has straightaway called the petitioner to attend for an enquiry on 14.07.2025. Subsequently, the petitioner’s authorization was also cancelled vide impugned proceedings dated 23.07.2025, without conducting any enquiry. Challenging which, the present writ petition has been filed. 4. 5. Heard learned counsel for the petitioner as well as learned Assistant Government Pleader for Civil Supplies. The learned Assistant Government Pleader for Civil Supplies has stated that, though the show-cause notice directed the petitioner to attend for an enquiry on 14.07.2025, the petitioner herself submitted an explanation on the same day; duly considering the said explanation, the impugned proceedings were passed by the 4^^^ respondent. The learned Assistant Government Pleader further stated that the petitioner, instead of preferring an appeal against the cancellation orders, has straightaway approached this Court by way of the present writ petition. 6. 5 VS,J -■ W.P.No.20458 of 2025 7. On a perusal of the show-cause notice, it is evident that it was issued on 05.07.2025, alleging an excess of 805 kgs of PDS rice in the stocks available on the ground. For which, the petitioner submitted an explanation on 14.07.2025, duly stating that while distributing the commodities on the said date of inspection, some of the cardholders came to the shop, and due to the rush, the cardholders put their thumb impression first, and later on, the petitioner was supposed to distribute the commodities to the said cardholders, as has been usually done by him. However, in the meanwhile, the inspecting team conducted the inspection and identified the alleged irregularities. But, on a perusal of the impugned proceedings of the 4*^ respondent dated 23.07.2025, it can be seen that nowhere the 4^'' respondent has assigned reasons for non consideration of the explanation given by the petitioner. Though the said impugned proceedings refer to the explanation submitted by the petitioner, there is no mention about the reasoning on the explanation submitted by the petitioner. \ This Court, in K. Sumathi Vs. State of Andhra Pradesh^, under similar circumstances has categorically held that the reasons for coming to the conclusion should reflect in the order and it is not sufficient to say for the quasi-judicial/administrative authority or the State that the explanation offered by a dealer is not convincing. 8. ^ 2016 (3) ALT 10 (S.B.) VS,J W.P.No.20458of2025'^ 9- Once the petitioner submits cause notice, the concerned authorities shall issue a reasoned order to i ‘ an explanation pursuant to a show must evaluate it thoroughly and justify their actions. Without doing so, the - impugned proceedings suspending the as such, the same has to be set-aside. 4 respondent has issued the i authorization of the petitioner. 10. In the result, the writ petition i IS allowed, the impugned proceedings respondent are set-aside, and the respondent for fresh consideration in dated 23.07.2025 issued by the 4 matter is remanded back to the 4^*^ accordance with law. It is needless to initiated against the petitioner, the essential commodities to the costs. say that until any action has been respondents are directed to supply the petitioner. There shall be no order as to As a sequel. Interlocutory Applications Petition, shall stand closed. pending, if any, in this Writ Sd/- V DIWAKAR DEPUTY REGISTRAR //TRUE COPY// /' SE^tlON^FFICER To, 1- The Principal Secretary , . , „ ’ Supplies Department, Sebretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The District Collector, Tirupathi Tirupathi District. 3. The Joint Collector (CS), Tirupathi District, 4. The Revenue Divisional Officer, ^ 5. The Tahsildar, Tirupati Urban Mandal 6. One CC to Sri Gnaneswara Tirupati, Tirupathi District. , Tirupati Tirupathi District. Rao Mittireddi, Advocate [OPUC] Two CCS .0 GP for Civil Supplies, High Court of Andhra Pradesh [OUTJ o. I WO CD Copies ^ TF s HIGH COURT DATED:05/08/2025 ORDER WP NO. 20458 OF 2025 ^ 12 SEP 2025 i^Jurrent Sectjonx^' ALLOWING THE W.P. WITHOUT COSTS