APHC010450922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22880 OF 2025 Between: Shaik Kolar Gulabjan, S/o. Shaik Kolar Noushad, Aged about 42 years, Occ Fair Price Shop Deaier Of F.P.Shop No. 1282059. Kutagulla Village, Kadirl Mandal . Sri Sathya Sai District, R/O.D.NO. 15-344-2, Nallagutta, Kutagulla Village, Kadiri Mandal,Sri Sathya Sai Distri ...Petitioner AND 1. The State of Andhra Pradesh rep., by its Principal Secretary, Civil Supplies Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Joint Collector, Sri Satya Sai District, Puttaparthi. 3. The Revenue Divisional Officer, Kadiri Revenue Division Kadiri, Sri Setya Sai District 4. The Tahasildar, Kadiri Rural Mandal, Kadiri. 5. The Deputy Tahsildhar, (Civil Supplies), Kadiri, Sri Satya Sai District. 6. The Village Revenue Officer, Kutagulla Village, Kadiri Mandal, Sathya Sai District. Sri ...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 an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the Show Cause Notice, dated Rc. No. E/473/2025 issued by the respondent No.3 calling for explanation stating that as per the inspection conducted on 04.08.2025 it has been found that there is a shortage of 05percent i.e.. 0.85 KGS of Fortified Rice (PDS), eventhough the same is only O.Opercent and is within permissible limits of 1.5percent as per the Andhra Pradesh Public Distribution System (PDS) (Control) Order, 2018 as one without jurisdiction and politically motivated and the ponsequential action of the respondents No.3 to 5 in not supplying essential commodities to me for distribution of F.P. Shop No. 1282059, Kutagulla Village,Kadiri Mandal, Sri Sathya Sai District by locking the Fair Price Shop and seizing the E.Pos Machine, eventhough there is no order of suspension as arbitrary illegal, colourable exercise of power and contrary to Andhra Pradesh Public Distribution System (PDS) (Control) Order, 2018 apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently a) direct the respondents to unlock the F.P.No. 1282059, Kutagulla Village, Kadiri Mandal, Sri Sathya Sai District and also release the E-Pos Machine allotted to me and also to permit me to supply the essential commodities for public distribution, without following due process of law b. Set Aside the Show Cause Notice, dated Rc.No.E/473/2025, issued by the respondent No.3. 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 direct the respondents to permit me to supply the essential commodities for public distribution at fair price shop F.P.No. 1282059, Kutagulla Village,Kadiri Mandal, Sri Sathya Sai and not to interfere in the same without following due process of law, pending disposal of the Writ Petition. 1. lA NO: 2 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 operation of Set Aside the Show Cause Notice, dated Rc.No.E/473/2025, issued by the respondent No.3, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: s APHC010450922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22880/2025 Between: 1.SHAIK KOLAR GULABJAN, S/0. SHAIK KOLAR NOUSHAD, AGED ABOUT 42 YEARS, OCC FAIR PRICE SHOP DEALER OF F.P.SHOP NO. 1282059, KUTAGULLA VILLAGE, KADIRI MANDAL, . SRI SATHYA SAI DISTRICT, R/0.D.N0.15-344-2, NALLAGUTTA, KUTAGULLA VILLAGE, KADIRI MANDAL,SRI SATHYA SAI DISTRI ...PETITIONER AND 1.THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, CIVIL DEPARTMENT, SECRETARIAT BUILDINGS SUPPLIES VELAGAPUDI, GUNTUR DISTRICT. 2.THE JOINT COLLECTOR, SRI SATYA SAI DISTRICT PUTTAPARTHI.2. 3.THE REVENUE DIVISIONAL OFFICER, KADIRI REVENUE DIVISION, KADIRI, SRI SATYA SAI DISTRICT 4.THE TAHASILDAR, KADIRI RURAL MANDAL, KADIRI. 5.THE DEPUTY TAHSILDHAR, (CIVIL SUPPLIES), KADIRI, SRI SATYA SAI DISTRICT. 6.THE VILLAGE REVENUE OFFICER, KUTAGULLA VILLAGE, KADIRI MANDAL, SRI SATHYA SAI DISTRICT. ...RESPONDENT(S): J 2 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 an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the Show Cause Notice, dated Rc.No.E/473/2025 , issued by the respondent No.3 calling for explanation stating that as per the inspection conducted on 04.08.2025 it has been found that there is a shortage of 05percent i.e.. 0.85 KGS of Fortified Rice (PDS), even though the same is only O.Opercent and is within permissible limits of 1.5percent as per the Andhra Pradesh Public Distribution System (PDS) (Control) Order, 2018 as one without jurisdiction and politically motivated and the consequential action of the respondents No.3 to 5 in not supplying essential commodities to me for distribution of F.P.SK op No. 1282059, Kutagulla Village,Kadiri Mandal, Sri Sathya Sai District by locking the Fair Price Shop and seizing the E.Pos Machine, even though there is no order of suspension as arbitrary illegal, colourable exercise of power and contrary to Andhra Pradesh Public Distribution System (PDS) (Control) Order, 2018 apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to unlock the F.P.No.1282059, Kutagullaa Village,Kadiri Mandal, Sri Sathya Sai District and also release the E-Pos Machine allotted to me and also to permit me to supply the essential commodities for public distribution, without following due process of law b. Set Aside the Show Cause Notice, dated Rc.No.E/473/2025, issued by the respondent No.3 and pass 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 me to supply the essential commodities for public distribution at fair price shop F.P.No.1282059, Kutagulla Village,Kadiri Mandal, Sri Sathya Sai and not to interfere in the same without following due process of law, pending disposal of the Writ Petition and pass s lA NO: 2 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 operation of Set Aside the Show Cause Notice, dated Rc.No.E/473/2025, issued by the respondent No.3, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 3 1.B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 4 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “....fo issue an appropriate writ, order or direction more particulariy one in the nature of Writ of Mandamus declaring the Show Cause Notice, dated Rc.No.E/473/2025, issued by the respondent No.3 calling for explanation stating that as per the inspection conducted on 04.08.2025 it has been found that there is a shortage of -05% i.e., 0.85 KGS of Fortified Rice (PDS), eventhough the same is only 0.0% and is within permissible limits of 1.5%) as the Andhra Pradesh Public Distribution System (PDS) (Control) Order, 2018 as one without jurisdiction and politically motivated and the consequential action of the respondents No. 3 to 5 in not supplying essential commodities to me for distribution of F.P.Shop No. 1282059, Kutagulla Village, Kadiri Mandal, Sri Sathya Sai District by locking the Fair Price Shop and seizing the E.Pos Machine, eventhough there is no order of suspension arbitrary illegal, colourable exercise of power and contrary to Andhra Pradesh Public Distribution System (PDS) (Control) Order, 2018 apart from being violative of the fundamental rights guaranteed to me under Articles 14 19 and 21 of the Constitution of India and consequently: direct the respondents to unlock the F.P.No.1282059, Kutagullaa Village, Kadiri Mandal, Sri Sathya Sai District and also release the E.Pos Machine allotted to me and also to permit me to supply the essential commodities for public distribution, without following due process of law. Set Aside the Show Cause Notice, dated Rc.No.E/473/2025, issued by the respondent No 3 and pass any other order....” The petitioner was appointed as 9 temporary fair price shop dealer through proceedings vide Rc.No.K6/1558/2019, dated 24.07.2019, F.P.Shop.No.1282059, Kutagulla Village, Kadiri Mandal, Sri Sathya Sai District, due to resignation of the permanent fair price shop dealer, and since petitioner has been supplying the essential commodities to the card per as a b. 2. at then 5 holders. The case of the petitioner is that he was supplying essential commoditiesto the card holders withoutthere being any complaint either from the card holders or from the concerned authorities. While the matter being so, on 04.08.2025, a surprise check was conducted by the respondent Nos.4 to 6 in the petitioner’s shop and it was 3. recorded that there was no variation of Sugar, but there was a deviation of 5% 0.85 kgs of Fortified Rice deviation. Thereafter, a panchanamma was i.e. prepared, and based on the report, a show cause notice was issued to the petitioner on 12.08.2025, calling for an explanation, for which the petitioner has submitted his explanation on 18.08.2025. The grievance of the petitioner before this Court is that, though the 4. variation found in the Fortified Rice is within the permissible limit, the respondents have, in order to harass the petitioner, issued a show cause notice and also stated that, as the petitioner is a temporary fair price shop dealer, the question of the office authorization does not arise. In this regard, it is pertinent to refer to the judgment of the Full Bench of this Court in Oleti Tirupathamma v. District Supply Officer (City), Visakhapatnam and others^, wherein it was categorically held as follows; 5. “Such action disabling fair price shop dealer to run the shop without any order of suspension or cancellation is illegal and arbitrary and issued such directions. ” However, as the petitioner has already submitted his explanation to the 6. said show cause notice, the respondents are directed to pass appropriate ^ 2002(1)ALD 577 1- L ■ V' 6 orders in accordance with law, after affording an opportunity of hearing to the petitioner, as expeditiously as possible within a period of four weeks from the date of receipt of copy of the order. Till the disciplinary proceedings are finalized, the respondents are directed to supply essential commodities to petitioner. Accordingly, the Writ Petition is disposed of. No order as to costs. 7. As a sequel. Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, State of Andhra Pradesh, Civil Supplies Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Joint Collector, Sri Satya Sai District, Puttaparthi. 3. The Revenue Divisional Officer, Kadiri Revenue Division, Kadiri, Sri Satya Sai District 4. The Tahasildar, Kadiri Rural Mandal, Kadiri. 5. The Deputy Tahsildhar, (Civil Supplies), Kadiri, Sri Satya Sai District. 6. The Village Revenue Officer, Kutagulla Village, Kadiri Mandal, Sri Sathya Sai District. 7. One CC to SRI B ABHAY SIDDHANTH MOOTHA, Advocate [OPUC] 8. Two CCs to GP FOR CIVIL SUPPLIES, High Court of Andhra Pradesh [OUT] 9. Two CD Copies NM (gsg) high court DATED:02/09/2025 ORDER WP NO. 22880 OF 2025 = 10 SEP 2025 ov m can yj s- Current Section . ^esPATCV^§<^ DISPOSING OF THE WP WITHOUT COSTS