15 !■ APHC010411922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUST! TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21880 OF 2025 Between: Maddireddy Rami Reddy, S/o. Siva Reddy, Aged about above 55 years, Occ. Fair Shop Dealer, F.P. Shop No. 1241045, R/o.D.No. 4-1.5-1 Bisinivaripalli Village, Tanakal Mandal, Sri Satya Sai 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, Kadiri, Sri Satya Sai District. 3. The Tahsildar, Tanakal Mandal, Sri Satya Sai 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 2"^^ respondent in suspending the authorization of the petitioner vide proceedings in Rc. No. F/494/2025 dated 01.08.2025 without giving any fair opportunity to the petitioner to submit his explanation 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.F/494/2025 dated 01.08.2025 by continuing the petitioner as a F.P shop dealer in Shop No.1241045, Bisinivaripalli Village, Tanakal Mandal, Sri Satya Sai District by enabling him to supply to the card holders pending disposal of the above writ petition Counsel for the Petitioner: SRI K SRINIVAS Counsel for the Respondents No.1 to 3: GP FOR CIVIL SUPPLIES The Court made the following order: f APHC010411922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0:*0 mi [3333] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21880/2025 Between: AGED ABOUT 1.MAD1IREDDY RAMI REDDY, S/0. SIVA REDDY, ABOVE 55 YEARS, OCC. FAIR SHOP DEALER F.P. SHOP NO. R/O.D.NO. 4-1.5-1 BISINIVARIPALLI VILLAGE, TANAKAL 1241045, MANDAL, SRI SATYA SAI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL CONSUMER AFFAIRS AND SECRETARIAT BUILDINGS, CIVIL SUPPLIES SECRETARY, DEPARTMENT, AMARAVATI, GUNTUR DISTRICT. VELAGAPUDI, 2.THE REVENUE DIVISIONAL OFFICER, KADIRI, SRI SATYA SAI DISTRICT. 3.THE TAHSILDAR, TANAKAL MANDAL, SRI SATYA SAI 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 action of the 2nd respondent in suspending the authorization of the petitioner vide proceedings in Rc. No. F/494/2025 dated 01.08.2025 without giving any fair opportunity to the petitioner to submit his explanation is illegal, arbitrary and violation of Articles 14, 19 and 21 of constitution of India consequently set aside the same and pass V 2 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 Counsel for the Petitioner: 1.KSRINIVAS Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.2188Q of 209^ ORDER: The present 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 vide proceedings Rc.No.F/494/2025 dated 01.08.2025 without giving any fair opportunity to the petitioner to submit his explanation is illegal, arbitrary and violation of Articles 14, 19 and 21 of constitution of India consequently set asideand to pass such other order or orders ....” 2. Petitioner is appointed as fair price shop dealer on temporary basis, per the orders of the Revenue Divisional Officer, Penukonda 06.08.2008. Since the date of his appointment, the petitioner has been running the said fair price shop without any complaints either from the card holders or from the concerned authorities. m as on 3. While the matter being so, petitioner was placed under suspension by the 2""* respondent vide proceedings dated 01.08.2025. Challenging which, the present writ petition is filed and on the ground that neither any notice was given to the petitioner nor there was any complaint from any of the card holders that the petitioner is not distributing the essential commodities to the age old people, as alleged in the said proceedings. 4. Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies representing respondents Assistant 4 5. On perusal of the impugned proceedings dated 01.08.2025, it can be observed that except referring to the report of the Tahsildar, dated 30.07.2025, neither the proceedings referred to any notice given to the petitioner nor any complaint received from the card holders. Even otherwise, the said suspension order has been passed without conducting any enquiry, as required under law. 6. The Hon’ble High Court of Manipur at Imphal in the Case of Ashok Kumar Rana \/s. The Union of India and Ors.^ held as follows: The fundamental rules of natural justice as have become firmly embedded In modern jurisprudence, may be broadly categorized under the heads of: “(1) Nemo debet esse judex in propria causa, i.e. no one shall be a judge in his own case, or “Doctrine of Bias”. (2) Audi alteram partem i.e. Right of hearing. (3) Reasoned decision/Speaking order.” In present case, we are concerned primarily with the second principle, viz., audi alteram partem. “Audi alteram partem” is one of the most important aspects of the principles of natural justice which literally means “to hear the other side". This means the necessity to provide a fair hearing i.e. affording opportunity to the person concerned to explain his position before such person is subjected to any adverse action so that he may be able to explain the facts and circumstances and convince the authorities concerned that such a contemplated or proposed adverse action is not called for. This principle of audi alteram partem requires that notice must be given to the person before any adverse action is taken and such notice cannot be vague and ambiguous to the proposed action to be taken so as to apprise the authorities determinatively the cases he has to meet. In other words, the person concerned must be informed of the charges and allegations clearly against him so that he may be able to fully meet these allegations and defend himself" 7. In view of the above judgment and in view of the fact that the respondents herein have not issued any notice on the petitioner before passing the impugned proceedings, this Court deems it appropriate to MANU/MN/0066/2016 5 allow the writ petition by setting aside the impugned proceedings issued by the 2'''^ respondent dated 01.08.2025. 8. Accordingly, the writ petition is allowed by setting aside the impugned proceedings issued by the 2'^^ respondent dated 01.08.2025. It is needless to state that the respondents are at liberty to initiate action against the petitioner in accordance with law.There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand Sd/- B PRASADA RAO ASSISTAI^vEGtSTRAR closed. //true copy// SEC OFFICER To, Pradesh, Consumer Affairs Buildings, Velagapudi, The Principal Secretary, State of Andhra and Civil Supplies Amaravati, Guntur District. 2. The Revenue 3. TheTahsildar 4. One CC to SRI 5. Two CCs to GP [OUT] 6. Two CD Copies 1. Department, Secretariat , Kadiri, Sri Satya Sai District. Divisional Officer , Tanakal Mandal, Sri Satya Sai District K SRINIVAS Advocate [OPUC] for civil supplies High Court of Andhra Pradesh gsg HIGH COURT DATED: 20/08/2025 ORDER WP NO. 21880 OF 2025 ALLOWING THE WP WITHOUT COSTS