APHC010436492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 22182 OF 2025 Between: 1. BODIPOGU VARADAMMA, W/O.BODIGOPU ANKALU, AGED ABOUT 54 YEARS, OCC PERMANENT F.P.SHOP DEALER, F.P.SHOP NO. 0824023, R/O.DESAIPETA, VETAPALEM MANDAL, BAPATIA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, CIVIL SUPPLIES DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COLLECTOR, BAPATLA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICE, , VETAPALEM MANDAL, BAPATLA DISTRICT. 4. THE TAHSILDAR, VETAPALEM MANDAL, BAPATLA DISTRICT. 5. THE DEPUTY TAHSILDAR, VETAPALEM MANDAL, BAPATIA 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 Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, declaring the action of the Respondents in forcibly seizing the weighing machine and locking the petitioners Fair Price Shop 2 (Authorization No. 0824023) without issuance of show-cause notice, without conducting enquiry, and without recording reasons as mandated under Clause 8(4) of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, as illegal, arbitrary, violative of principles of natural justice, and unconstitutional . Consequently direct the Respondents to forthwith restore possession of the Fair Price Shop premises to the petitioner along with the weighing machine, and permit the petitioner to continue distribution of essential commodities under the Public Distribution System and Pass IA 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 issue direct the Respondents to forthwith remove the lock placed on the petitioner's Fair Price Shop (Authorization No. 0824023), restore the weighing machine, and allow the petitioner to resume distribution of essential commodities to cardholders, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. KRISTAM SAKTHI NIRANJAN GUPTHA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 22182 OF 2025 The Court made the following order: Heard Sri Kristam Sakthi Niranjan Guptha, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 2. The writ petition is filed challenging the action of the respondents in forcibly seizing the weighing machine and locking the petitioner’s Fair Price Shop (Authorization No. 0824023) without issuance of show-cause notice, without conducting enquiry, and without recording reasons as mandated under Clause 8(4) of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018. 3. It is contended that the petitioner is a permanent dealer of Fair Price Shop. On 06.08.2025, respondent Nos.4 and 5 conducted an inspection at the petitioner's shop and without issuing any proceedings, seized the weighing machine, locked the shop and did not hand over possession of the shop despite requests made by the petitioner. 4. Learned counsel for the petitioner urges that without issuing any notice and without contemplating any enquiry and without recording any finding as to the violation of the provisions under the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, have resorted to high- handed action of keeping the shop under their lock and key. 4 5. It is alleged that, the respondents have conducted inspection and without issuing any intimation or show-cause notice to the petitioner, seized the weighing machine and took the signatures of the petitioner, kept the shop under their lock and key. The alleged action of the respondents without following the due procedure as contemplated under the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, undisputedly amounts to suspension of the petitioner’s dealership license without, issuing any proceedings. In my view, the said action is not only arbitrary but also illegal, thus, cannot be sustained. 6. Learned counsel for the petitioner relies on decisions of this Court particularly the decision in W.P.No.30126 of 2015, wherein certain guidelines and procedures have been formulated with regard to the powers of the appointing authority in suspending or cancelling the authorization. 7. Learned counsel for the petitioner further relies on the decision of this Court in W.P.No.18955 of 2025, wherein it was observed that, without initiating any proceedings for suspension or cancellation of the authorization and the action of the authorities in refusing to supply stock was found fault with. 8. Having regard to the above, this Court deems it appropriate to dispose of the writ petition with a direction to the respondents to return the weighing machines taken from the subject shop of the petitioner, remove the lock and seal of the subject Fair Price Shop and shall continue to supply stock to the 5 petitioner till passing of the orders for suspension of the Fair Price Shop in accordance with law. 9. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _____________________________ JUSTICE KIRANMAYEE MANDAVA Date: 21.08.2025 BSK 6 44 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 22182 OF 2025 Date: 21.08.2025 BSK