APHC010452282025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23826/2025 Between: 1. VELUGONDA RAMAIAH, S/O GURUNADHAM LATE AGE OCC- FP SHOP DEALER OF SHOP NO.0805008, GANGADEVIPALLI VILLAGE DONAKONDA MANDAL, PRAKASAM DIST. 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY CIVIL VELAGAPUDI, GUNTUR DIST. 2. THE COLLECTOR CS, PRAKASAM DIST., AT ONGOLE. 3. THE REVENUE DIVISIONAL OFFICER, KANIGIRI DIVISION, PRAKASAM DSIT. 4. THE TAHSILDAR, DONAKONDA MANDAL, PRAKASAM DIST. 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 Writ Order or Orders or a Direction more particularly one in the nature of order issued by the 3 Rc.E/763/2025 dt authorization in respect of the FP Shop No.0805008, Gangadevipalli Village, Donakonda Mandal, Prakasam Dist., is illegal, arbitrary, mal contrary to provisions of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018 apart from violation of the principles of natural IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23826/2025 VELUGONDA RAMAIAH, S/O GURUNADHAM LATE AGE FP SHOP DEALER OF SHOP NO.0805008, GANGADEVIPALLI VILLAGE DONAKONDA MANDAL, PRAKASAM DIST. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DIST. THE COLLECTOR CS, PRAKASAM DIST., AT ONGOLE. THE REVENUE DIVISIONAL OFFICER, KANIGIRI DIVISION, THE TAHSILDAR, DONAKONDA MANDAL, PRAKASAM DIST. ...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 Writ Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the 3 Rc.E/763/2025 dt-25-7-2025 suspending the petitioners authorization in respect of the FP Shop No.0805008, Gangadevipalli Village, Donakonda Mandal, Prakasam Dist., is illegal, arbitrary, mal contrary to provisions of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018 apart from violation of the principles of natural IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE NINTH DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA VELUGONDA RAMAIAH, S/O GURUNADHAM LATE AGE-81 YEARS, FP SHOP DEALER OF SHOP NO.0805008, GANGADEVIPALLI ...PETITIONER THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SUPPLIES DEPARTMENT, SECRETARIAT THE COLLECTOR CS, PRAKASAM DIST., AT ONGOLE. THE REVENUE DIVISIONAL OFFICER, KANIGIRI DIVISION, THE TAHSILDAR, DONAKONDA MANDAL, PRAKASAM DIST. ...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 Writ Order or Orders or a Direction more Writ of Mandamus declaring the impugned 2025 suspending the petitioners authorization in respect of the FP Shop No.0805008, Gangadevipalli Village, Donakonda Mandal, Prakasam Dist., is illegal, arbitrary, malafide and contrary to provisions of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018 apart from violation of the principles of natural 2 justice and consequentially set aside the impugned order dt-25-7-2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual, 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 Suspend the impugned order passed by the respondent vide Rc.E/763/2025 dt-25-7- 2025 respect of FP Shop No.0805008, Gangadevipalli Village, Donakonda Mandal, Prakasam Dist., by continuing the petitioner as dealer as usual, pending disposal of the writ petition. Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 The Court made the following Order: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:- “…. to issue Writ, Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the 3rd respondent Rc.E/763/2025 dt:25.7.2025 suspending the petitioner’s authorization in respect of the FP Shop No.0805008, Gangadevipalli Village, Donakonda Mandal, Prakasam Dist., is illegal, arbitrary, malafide and contrary to provisions of Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 apart from violation of the principles of natural justice and consequentially set aside the impugned order dt:25.7.2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual and to pass such other order or orders ….” 2. The petitioner was appointed as a permanent fair price shop dealer for shop No.0805008, Gangadevipalli Village, Donakonda Mandal, Prakasam District, almost 45 years ago. The petitioner’s authorization was extended from time to time and is valid up to 31.03.2025 and thereafter, the petitioner has also paid renewal fee on 30.03.2025 and submitted original authorization to the authorized officer through the 4th respondent. 3. While the matter being so, due to change in political scenario, at the instance of local political leaders, the 4th respondent has submitted his report dated 11.07.2025 to the 3rd respondent, alleging that the petitioner has not lifted the essential commodities from the godown from 26.06.2025. Basing on the said report, the 3rd respondent has issued the impugned suspension order dated 25.07.2025, suspending the petitioner’s authorization without even issuing any show cause notice, calling for explanation from the petitioner. But, however, the 3rd respondent has issued a show cause notice to the petitioner 4 on 05.08.2025, framing six charges as against the petitioner, directing the petitioner to submit his explanation within a period of seven (7) days from the date of receipt of the said show cause notice. Pursuant to which, the petitioner has submitted his explanation on 13.08.2025. Challenging the same, this writ petition is filed by the petitioner. 4. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies representing the respondents. 5. Learned Assistant Government Pleader for Civil Supplies representing the respondents, relying upon the written instructions of the 3rd respondent i.e., the Revenue Divisional Officer, reiterated the facts as stated by the petitioner and stated that the enquiry process will completed within time adhering to the provisions of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 and the Essential Commodities Act, 1955. 6. As per the facts narrated by the petitioner in his affidavit, it can be observed that even without issuing any show cause notice, calling for explanation with regard to the irregularities committed by the petitioner, straightaway the 3rd respondent issued the impugned suspension order on 25.07.2025, suspending the petitioner’s authorization and thereafter issued a show cause notice on 05.08.2025, calling for an explanation from the petitioner. However, the petitioner has submitted his explanation on 13.08.2025. 5 7. In view of the same, as the impugned suspension order dated 25.07.2025 was issued prior to issuance of show cause notice dated 05.08.2025, this Court deems it appropriate to set aside the impugned suspension order issued by the 3rd respondent dated 25.07.2025 and the 3rd respondent is directed to consider the explanation submitted by the petitioner on 13.08.2025 and pass appropriate orders in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order. 8. Accordingly, the Writ Petition is allowed by setting aside the impugned suspension order issued by the 3rd respondent dated 25.07.2025. It is needless to state that the respondents are directed to supply the essential commodities to the petitioner. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 09.09.2025 MDP