f APHC010397482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 20092 OF 2025 Between: Bingi Neeladri, S/o. late Balaji, Aged about 40 years, Occ: Fair Price Shop Dealer, Shop No.01374004, R/o. Arakabadra village, Ichapuram Mandal, Srikakulam District. ...Petitioner AND 1. State of Andhra Pradesh, Rep. by its Secretary, Consumer Affairs and Civil Supplies Department Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The District Collector, Srikakulam District. The Joint Collector, Srikakulam District. The Revenue Divisional Officer, Palasa, Srikakulam District. The Tahsildar, Ichapuram Mandal, Ichapuram, Srikakulam District. R Uma Devi Self Help Group, Rep. by its convenor, R. Uma Devi, W/o. Bala Krishna, Aged about 23 years, R/o. Arakabadra village, Ichapuram Mandal, Srikakulam District. 2. 3. 4. 5. 6. ...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 or direction declaring the action of the 4th respondent in issuing proceedings in Rc.No.304/2024 DT(LR) dated 19.07.2025 as illegal, arbitrary, against the principles of natural justice, one without jurisdiction, violation of Article 14, 21 of Constitution of India and violation of provisions of AP Scheduled Commodities (Regulation of Distribution by Card System) Order, 1973 and consequently direct the respondents to permit the petitioner to distribute the essential commodities to the Card holders of Arakabadra village, Ichapuram Mandal, Srikakulam District by setting aside the proceedings of the 4th respondent in Rc. No.304/2024 DT(LR) dated 19.07.2025. 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 permit the petitioner to distribute the essential commodities to the Card holders of Arakabadra village, Ichapuram Mandal, Srikakulam District by suspending the orders of the 4th respondent in Rc.No.304/2024 DT(LR) dated 19.07.2025, pending disposal of the writ petition. Counsel for the Petitioner: SRI C SUBODH Counsel for the Respondent Nos. 1 to 5: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.6: — The Court made the following order: f APHC010397482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 20092/2025 Between: 1.BINGI NEELADRI, S/0. LATE BALAJI, AGED ABOUT 40 YEARS, OCC FAIR PRICE SHOP DEALER SHOP NO.01374004, R/0. ARAKABADRA VILLAGE, ICHAPURAM MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT. 3.THE JOINT COLLECTOR, SRIKAKULAM DISTRICT. 4.THE REVENUE DIVISIONAL OFFICER, PALASA, SRIKAKULAM DISTRICT. 5.THE TAHSILDAR, ICHAPURAM MANDAL, ICHAPURAM. SRIKAKULAM DISTRICT. 6.R UMA DEVI SELF HELP GROUP, REP. BY ITS CONVENOR, R. UMA DEVI, W/0. BALA KRISHNA, AGED ABOUT 23 YEARS, R/O. ARAKABADRA VILLAGE, ICHAPURAM 2 TCDS.J W.P.No.20092 of 2025 % MANDAL, SRIKAKULAM 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 tomay be to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the 4th respondent in issuing proceedings in Rc.No.304/2024 DT(LR) dated 19.07.2025 as illegal, arbitrary, against the principles of natural justice, one without jurisdiction, violation of Article 14, 21 of Constitution of India and violation of provisions of AP Scheduled Commodities (Regulation of Distribution by Card System) Order, 1973 and consequently direct the respondents to permit the petitioner to distribute the essential commodities to the Card holders of Arakabadra village, Ichapuram Mandal, Srikakulam District by setting aside the proceedings of the 4th respondent in Rc. No.304/2024 DT(LR) dated 19.07.2025 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 pleased to direct the respondents to permit the petitioner to distribute the essential commodities to the Card holders of Arakabadra village, Ichapuram Mandal, Srikakulam District by suspending the orders of the 4th respondent in Rc.No.304/2024 DT(LR) dated 19.07.2025, pending disposal of the writ petition Counsel for the Petitioner; 1.CSUBODH Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 TCDSJ W.P. No. 20092 of2025 f THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 20092 of 2025 ORDER: The petitioner is fair price shop dealer for shop No.01374004 of Arakabadra village, Ichapuram Mandal, Srikakulam District, having been appointed by virtue of proceedings dated 31.07.2020. It is his further case that the authorization of his fair price shop renewed from time to time and it was in force up to 31.03.2025. It is further stated that while so, on 12.03.2025, the Deputy Tahsildar (CS), Ichapuram, the Sub Inspector of Police, (V&E), Srikakulam, conducted inspection and found certain variations in respect of the stock maintained by him. In furtherance there to, a report was drawn and the same was forwarded to the 4‘^ respondent for initiating disciplinary action against the petitioner. Upon receipt of the said report, the 4*'^ respondent issued show cause notice dated 16.04.2025 calling the petitioner to submit explanation as to why his authorization shall not be cancelled. The petitioner offered his explanation on 23.04.2025 denying the allegations levelled against him in the said show cause notice. There upon, the 4‘^ respondent by impugned order dated 19.07.2025, suspending the authorization of the petitioner pending enquiry. 4 TCDSJ W.P.No.20092 of 2025 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. Learned counsel for the petitioner would submit that though certain allegations are levelled against him in the show cause notice, it was suitably replied through explanation dated 23.04.2025. He would further submit that on perusal of the impugned order, while suspending the authorization of the petitioner, the 4*^ respondent has not considered any of the contentions raised by him. He would further submit that the 4‘h respondent except stating that the explanation offered by the petitioner is not satisfied, failed to appreciate the case of the petitioner in its proper perspective. 3. On the other hand, the learned Assistant Government Pleader for Civil Supplies would submit that though the explanation is offered by the petitioner to the show cause notice, on a reading of the explanation, the same is far from truth and nothing is placed on record to prove his innocence and prayed to dismiss the writ petition. 4. On overall consideration of the submissions made by the learned counsel on either side and the material placed before this Court, it is apparent that the 4^*^ respondent has not discussed the explanation offered by the petitioner in the impugned order. Furthermore, as per clause 8 (4) of Andhra Pradesh State Targetted 5. 5 TCDS.J W.P. No.20092 of 2025 Public Distribution System (Control) Order, 2018, the appointing authority i.e., the 4^^ respondent may, at any time in the public interest or on suomotu or on receipt of complaint, after making such enquiry as may be deemed necessary and for the reasons to be recorded in writing, suspend or cancel the authorization. The proviso tp the said clause further reads that the appointing authority may order interim suspension of the authorization in writing pending ehquiry in sub clause 4 of clause 8. On reading of the said clause, it is clear that the 4*'' respondent has not followed the procedure contemplated under clause 8(4) of Control Order, 2018. Further, the proviso to the said clause casts a duty on the appointing authority to give reasons in writing while passing order 'f suspension pending enquiry. As noted supra, the 4‘^ respondent except stating that the explanation offered by the petitioner is not satisfactory did not consider the explanation offered by him while issuing the impugned order. Further, whenever the appointing authority wants to suspend the authorization of the errant dealer, the same has to be done in accordance with law. In the case on hand, the authorization of the petitioner was suspended in a routine manner and recorded. Therefore, the order impugned does not stand for judicial scrutiny and accordingly the same is set aside and the matter is remanded back to the 4‘^ respondent for fresh enquiry. It is needless no reasons are 6 TCDSJ W.P.No.20092 of 2025 to mention that, the 4**^ respondent shall conduct enquiry by considering the explanation offered by the petitioner and thereafter pass orders in accordance with law. It is needless to mention, the petitioner is entitled to cross examine the witnesses put forth against him and he shall be afforded opportunity of being heard. 6. Accordingly, this writ petition is allowed. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. SdA B. PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// ^ I. SECTION OFFICER To, 1. The Secretary, Consumer Affairs and Civil Supplies Department Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Srikakulam District. 3. The Joint Collector, Srikakulam District. 4. The Revenue Divisional Officer, Palasa, Srikakulam District. 5. The Tahsildar, Ichapuram Mandal, Ichapuram, Srikakulam District. 6. One CC to Sri C Subodh Advocate [OPUC] 7. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 8. Two CD Copies TF HIGH COURT DATED;01/08/2025 \ ORDER WP NO. 20092 OF 2025 2 2 SEP 2025 Co rrentSectioQX* ALLOWING THE W.P. WITHOUT COSTS