APHC010397612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^ //( N t ■■■■: TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE ' Y; .^4 op y PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION NO: 20468 OF 2025 Between: Saik Baji Imam, S/o. S.Bikhari Saheb, Aged about 44 years, Occ: Fair Shop Dealer, R/o. D. No. 6-84 Medikonduru Village, MedikonduruMandal, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Consumer Affairs and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Revenue Divisional Officer, Guntur, Guntur District. 3. The Tahsildar, Medikonduru 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 2nd respondent in suspending the authorization of the petitioner Fair Price Shop (FPS) bearing Shop No. 0725001, situated at Medikonduru Village, Medikonduru Mandal, Guntur District vide RC No. 1912/2025-B dated 24.07.2025 is illegal, arbitrary and violation of Article 14, 19 and 21 and contrary to the express provisions of Andhra Pradeshcontrol orders 2018 and consequentlyset aside the same by continuing the petitioner as a fair price shop dealer vide shop No. 0725001 situated at Medikonduru Village, Medikonduru Mandal, Guntur District.. 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 High Court may be pleased to suspend the orders passed by the 2 nd respondent vide RC No1912/2025-B dated 24.07.2025 by continuing the petitioner as a fair price shop dealer vide shop No. 0725001 situated at Medikonduru Village, Medikonduru Mandal, Guntur District disposal of the above Writ Petition. Counsel for the Petitioner: SRI K. SRINIVAS Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010397612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] 0;^ TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20468/2025 Between: 1.SAIK BAJI IMAM, , S/0. S.BIKHARI SAHEB, AGED ABOUT 44 YEARS, OCC FAIR SHOP DEALER, R/0. D. NO. 6-84 MEDIKONDURU VILLAGE, MEDIKONDURUMANDAL, GUNTUR DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, AMARAVATI, GUNTUR DISTRICT. SECRETARIAT BUILDINGS, VELAGAPUDI, 2.THE REVENUE DIVISIONAL OFFICER, GUNTUR, GUNTUR DISTRICT. 3.THE TAHSILDAR, MEDIKONDURU MANUAL, 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 to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the 2nd respondent in suspending the authorization of the petitioner Fair Price Shop (FPS) bearing Shop No. 0725001, situated at Medikonduru Village, 2 VS,J W.P.No.20468 of 2025 Medikonduru Maridal, Guntur District vide RC No. 1912/2025-B dated 24.07.2025 is illegal, arbitrary and violation of Article 14, 19 and 21 and contrary to the express provisions of Andhra Pradesh control orders 2018 and consequently set aside the same by continuing the petitioner as a fair price shop dealer vide shop No. 0725001 situated at Medikonduru Village, Medikonduru Mandal, Guntur District and pass such 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 may be pleased suspend the orders passed by the 2nd respondent vide RC No1912/2025-B dated 24.07.2025 by continuingthe petitioner as a fair price shop dealer vide shop No. 0725001 situated at Medikonduru Village, Medikonduru Mandal, Guntur District disposal of the above Writ Petition and pass such 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.20468of2025 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 declaring the action of the 2^^ respondent in suspending the authorization of the petitioner Fair Price Shop FPS bearing Shop No. 0725001 situated at Medikonduru Village, Medikonduru Mandal, Guntur District vide RC No.1912/2025-B dated 24.07.2025 is illegal, arbitrary and violation of Article 14, 19 and 21 and contrary to the express provisions of Andhra Pradesh control orders 2018 and consequently set aside the same by continuing the petitioner as a fair price shop dealer vide shop No. 0725001 situated at Medikonduru Village, Medikonduru Mandal, Guntur District....” 2. The petitioner is authorized dealer of Fair Price Shop No.0725001 situated at Medikonduru Village, Medikonduru 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 a Fair Price Shop Dealer, without any complaints from the cardholders. 3. While the matter being so, on 23.07.2025, the officials concerned conducted inspection in the petitioner’s Fair Price Shop and found certain discrepancies pertaining to the stock of fortified rice and sugar. Pursuant to the said inspection, a panchanama was conducted and certain quantities of stock were seized. Thereafter, a show-cause notice was issued to the petitioner on 24.07.2025, calling for an explanation from the 4 VS,J W.P.No.20468 of 2025 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 order on the same day itself i.e., 24.07.2025 even without waiting for the period of (7) days as mentioned in the show-cause notice. suspension 4. 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., 24.07.2025. The case of the petitioner is also that the petitioner received 8040 kilograms of fortified rice through official distribution channel, and among which, 8020 kilograms was issued to the cardholders, and the remaining stock of 20 kilograms are found within permissible variation limits. With respect to sugar, the total quantity received was 583 kilograms, with a closing balance of merely 15 kilograms at the time of inspection, which constitutes a minor discrepancy. 5. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 6. As the present impugned suspension order has been passed 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 c^e, this Court feels even 5 VS,J W.P.No.20468 of 2025 it appropriate to set aside the impugned suspension order dated 24.07.2025. However, giving liberty to the petitioner to submit his explanation to the show-cause notice dated 24.07.2025 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. 7. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECfo^FFICER To, 1. The Principal Secretary, Consumer Affairs and Department, State of Andhra Pradesh Velagapudi, Amaravati, Guntur District. The Revenue Divisional Officer, Guntur, Guntur District. The Tahsildar, Medikonduru 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 Civil Supplies Secretariat Buildings, 2. 3. 4. 5. 6. Cnr HIGH COURT DATED:05/08/2025 ORDER WP NO. 20468 OF 2025 ^ 2 1 AUG 2025 p ntSectioaxCy^ «» ALLOWING THE W.P. WITHOUT COSTS