A ' ^ V*N APHC010424842025 IN THE HIGH COURT OF ANDHRA AT AMARAVATI (Special Original Jurisdiction) FRIDAY.THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21872 OF 202fi PRADESH Between: S. Janardhan Reddy, S/o Lakshmi Dealer, R/o HNo 2/51, Achavein District. Reddy, Aged 58 years, Occ; FP Shop Village, Pulivendula Mandal YSR Kadapa ...PETITIONER AND 1. state of Andhra Pradesh, Rep. by its PrI. Secretary to Govt., Civil Supplies Department, Secretariat, Velagapudi, Guntur. 2. Joint Collector, Civil Supplies, Kadapa. 3. Revenue Divisional Officer, Pulivendula 4. Tahsildar, Civil Supplies, Pulivendula Division. Mandal, YSR Kadapa ...RESPONDENTS .Petition under Article 226 of the Constitution of India praying that in the circumstances stated i pleased to issue in the affidavit filed therewith, the High a writ, order or direction Court may be more particularly one in the nature the notice of the 3 of Writ of Mandamus declaring I/907/2025, dated 07.08.2025 rd respondent in Ref. thereby suspending the No-1120025, , as petitioner as FP Shop Achavelli Village, Pulivendula iilegal, irregular, arbitrary and in gross of The Andhra Pradesh State Targeted Public Dealer for Fair Price Shop Mandal, YSR Kadapa District violation of Clause No 29 Distribution System (Control) Order, 2018 and without jurisdiction and violative and consequently order of the suspension Ref. I/907/2025 dated 07.08.2025 as FP Shop Dealer for Fair Price Shop No- 1120025, Achavelli Village, Pulivendula Mandal, YSR Kadapa District. of Articles 14 and 21 of constitution of India 3rd respondent in suspend the in suspending the petitioner lA NO: 1 OF 2n7.<^ Petition under Section 151 CPC in the affidavit filed in support of the petition, praying that in the circumstances stated the Fligh Court may be pleased to respondent in Ref. 1/907/2025 dated suspending the petitioner as FP Shop Dealer for Fair Price , Achavelli Village, Pulivendula Mandal, YSR Kadapa District, pending disposal of the above writ petition. suspend the suspension order of the 3 07.08.2025 in Shop No-1120025, Counsel for the Petitioner: M/s. Counsel for the Respondent Nos. The Court made the following order: KODATI RAMYA KRISFINA 1 to 4: GP FOR CIVIL SUPPLIES * APHC010424842C25 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) BEB [3333] FRIDAY. THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21872/2025 Between: 1.S JANARDHAN REDDY, S/0 LAKSHMI REDDY, AGED 58 YEARS R/0 HNO 2/51, ACHAVEIN VILLAGE OCC FP SHOP DEALER PULIVENDULA MANDAL YSR KADAPA DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRI. SECRETARY TO GOVT. CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI GUNTUR. 2. JOINT COLLECTOR, CIVIL SUPPLIES, KADAPA. 3.REVENUE DIVISIONAL OFFICER, PULIVENDULA DIVISION. 4.TAHSILDAR, , CIVIL SUPPLIES, PULIVENDULA MANDAL, YSR KADAPA ...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, order or direction more particularly one in the nature of Writ of Mandamus declaring the notice of the 3rd respondent in Ref. 1/907/2025, dated 07.08.2025 thereby suspending the petitioner as FP Shop Dealer for Fair Price Shop No-1120025, Achavelli Village, Puiivendula Mandal, YSR Kadapa District, as iilegal, irregular, arbitrary and in gross violation of Clause No 29 of The Andhra Pradesh State Targeted Public 2 A Distribution System violative of Articles 14 and 21 of constitution of India and consequently order of the 3rd respondent insuspend the suspension Ref. 1/907/2025 dated 07,08.2025 in suspending the petitioner as FP Shop Dealer for Fair Price Shop No-1120025, Achavelli Village, Pulivendula Mandal, YSR Kadapa District and to pass (Control) Order, 2018 and without jurisdiction and 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 suspend the suspension order of the 3rd respondent in Ref. 1/907/2025 dated 07.08.2025 in suspending the petitioner as FP Shop Dealer for Fair Price Shop No-1120025, Achavelli Village, Pulivendula Mandal, YSR Kadapa District, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.KODATI RAMYA KRISHNA Counsel for the Respondent(S): I.GP FOR CIVIL SUPPLIES The Court made the following: 3 / HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.21872 of 2025 ORDER; The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief;- to issue a writ, order or direction more particularly one in the of Writ of Mandamus declaring the notice of the 3'''respondent dated 07.08.2025 thereby suspending the petitioner as F.P. Shop Dealer for Fair Price Shop No. 1120025 Pulivendula Mandal, YSR Kadapa District as illegal, irregular, arbitrary and in gross violation of Clause No. 29 of The Andhra Pradesh State Targeted Public Distribution System (Control) 2018 and without jurisdiction and violative of Articles 14 and nature Ref 1/907/2025 in Achavelli Village, Order, 21 of constitution of India and consequently suspend the suspension order of the 3'"' respondent in Ref. 1/907/2025 dated 07.08.2025 in suspending the petitioner as F.P. Shop Dealer for Fair Price Shop No.1120025 Achavelli Village, Pulivendula Mandal, YSR Kadapa District and to pass such other order or orders .... The petitioner was appointed as a fair price shop dealer of shop Achavelli Village, Pulivendula Mandal, YSR Kadapa District on notification and interview. The petitioner’s renewed from time to time. Recently the petitioner s authorization was renewed on 21.03.2024 and is valid till 31.03.2026. 2. No.1120025, 30.04.2005 by way of a authorization was 02.08.2025, the Deputy Tahsildar from While the matter being so, on respondent conducted a surprise check by inspecting the and prepared panchanama. As per the inspection 3. th the office of the 4 shop of the petitioner conducted, all the commodities were physically tallied with e-Pos machine except for rice. The opening stock available was 5773 Kgs and out of the said rice, 3080 Kgs of rice was distributed and the closing stock was 2693 Kgs of rice, but, the stock available at the time of verification was 2695 Kgs of rice. 2 Kgs of excess rice was found. For the said minor variation, the inspecting officials have conducted panchanama and seized the entire stock, which in fact is within the permissible limits of 1.5% as per Clause 29 of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018. On that ground, the 3"^ respondent issued suspension order dated 07.08.2025 vide Ref.No.1/907/2025, without furnishing a copy of the report of the Tahsildar. Pulivendula to the petitioner. 4. The grievance of the petitioner in the present case is that though the variation is only 2 Kgs of rice, which is within the permissible limits, as per the Clause 29 of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, even without issuing any show cause notice, calling for explanation from the petitioner, the petitioner’s authorization was placed under suspension by the 3'”'^ respondent vide impugned proceedings dated 07.08.2025. 5. Today, when the matter came up for hearing, learned counsel for the petitioner has stated that, pending writ petition, on 18.08.2025, the O'"' respondent issued the show cause notice, which in fact was served on the petitioner on 19.08.2025, calling for explanation from the petitioner before 25.08.2025. on or 6. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies for the respondents. Assistant 7. On perusal of the papers annexed along with the writ petition, it can be observed that admittedly as stated by the petitioner the variation found during the course of inspection is 2 Kgs of rice, which is within the permissible limits, per the Clause 29 of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 and it is also a fact that even without calling for an explanation from the petitioner by way of issuance of a show cause notice, suspended by the 3 as the petitioner’s authorization was straightaway respondent vide impugned proceedings dated 07.08.2025, which admittedly is in violation of the principles of natural justice. In view of the same, this Court deems it appropriate to set-aside the impugned proceedings of the 3'"^ respondent dated 07.08.2025. However, the respondents have already issued show cause notice on 19.08.2025, calling for explanation from the petitioner, the petitioner is at liberty to submit explanation to the same within a period of ten (10) days from the date of receipt of a copy of the order and thereafter, the same may be considered by the respondents in accordance with law. 8. as 9. Accordingly, the Writ Petition is allowed by setting aside the impugned proceedings of the respondent dated 07.08.2025. It is needless to state that the respondents shall supply the essential commo^ies to the petitioner C-, >■ 6 until finalization of the disciplinary proceedings. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY^REGiSTRAR //TRUE COPY// SECTI OFFICER To, 1- The Pri. Secretary to Govt., State of Andhra Pradesh, Civil Supplies Department, Secretariat, Velagapudi, Guntur. 2. The Joint Collector, Civil Supplies 3. The Revenue Divisional Officer, Pulivendula Division. 4. The Tahsildar, Civil Supplies, Pulivendula 5. One CC to Sri Kodati Ramya Krishna, 6. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. Kadapa. Mandal, YSR Kadapa Advocate [OPUC] ssb HIGH COURT DATED:22/08/2025 ORDER WP No.21872 OF 2025 andt^ ^ 0 9 SEP 2025 CO SvQufr«nt SectionxC/ ALLOWING THE W.P. WITHOUT COSTS