1 VS,J W.P.No.23875 of 2025 APHC010452302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23875/2025 Between: 1. MALIK PODUPU GROUP, REP.BY ITS SECRETARY SMT.PINJARI PULLAMMA W/O ZAKEER HUSSAIN, AGE 60 YEARS, OCC F.P. SHOP DEALER FOR SHOP NO.1385066, TEACHERS COLONY, DHONE TOWN, NANDYAL DIST. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE COLLECTOR CS, NANDYAL DIST., AT NANDYAL. 3. THE REVENUE DIVISIONAL OFFICER, DHONE DIVISION, NANDYAL DIST. 4. THE TAHSILDAR, DHONE MANDAL, NANDYAL 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 3rd respondent vide Rc.No.CS/638/2025 dt 19-8-2025 terminating the petitioners authorization in respect of the FP Shop No.1385066, Teachers Colony, Dhone Town Nandyal Dist., is illegal, arbitrary, malafide and contrary to provisions of Andhra Pradesh State 2 VS,J W.P.No.23875 of 2025 Targetted Public Distribution System (Control) Order, 2018 apart from violation of the principles of natural justice and consequentially set aside the impugned order dt 19-8-2025 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 3'^ respondent vide Rc.No.CS/638/2025 dt;19- 8-2025 respect of FP Shop No. 1385066, Teachers Colony, Dhone Town, Nandyal 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 The Court made the following: 3 VS,J W.P.No.23875 of 2025 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.23875 of 2025 ORDER: The present Writ Petition came to be 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 vide Rc.No.CS/638/2025, dt 19.08.2025 terminating the petitioner’s authorization in respect of the FP Shop No.1385066, Teachers Colony, Dhone Town, Nandyal 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 justice and consequentially set aside the impugned order dt.19.8.2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual…” 2. The petitioner was appointed as a permanent dealer of Fair Price Shop No.1385066 situated at Teachers Colony, Dhone Town, vide proceedings Rc.DT(LR).389/2020, dated 07.12.2020. The said authorization has been extended from time to time and is valid up to 31.03.2025. The petitioner has been supplying essential commodities to the cardholders without there being any complaint either from the cardholders or from the concerned authorities. 3. While the matter being so, due to change in political scenario, at the instance of local political leaders, the 4th respondent issued a notice on 4 VS,J W.P.No.23875 of 2025 06.06.2025 directing the petitioner to appear for enquiry on 18.06.2025 alleging that at the time of her appointment she had submitted a fake 10th class certificate. Thereafter, the petitioner appeared on 25.06.2025 and submitted her explanation stating that at the time of her official appointment, as she was appointed only as a temporary dealer, she had never submitted any 10th class certificate. The case of the petitioner is that she studied 10th class in MPLH School, Proddatur in the year 1980 and, as such, during the course of enquiry, she submitted the original certificate. 4. Thereafter, the 4th respondent has submitted a report to the 3rd respondent on 26.06.2025 duly stating that, as seen from the 10th class certificate furnished by the petitioner, it was noticed that she studied MPLH School, Proddutur and passed in the year 1980, and it was also informed through the report that the petitioner had also furnished the original 10th class certificate to prove her case. In spite of the same, the 3rd respondent issued a final notice on 02.08.2025 directing the petitioner to once against appear on 07.08.2025. Accordingly, the petitioner appeared on 07.08.2025 and submitted her explanation duly enclosing the original 10th class certificate. 5. The grievance of the petitioner in the present case is that even without considering explanation submitted by the petitioner, the report of the Tahsildar dated 26.06.2025 and as well as the original 10th class certificate filed by the petitioner, the 3rd respondent has passed the impugned orders terminating the petitioner’s authorization. Challenging the same, the present writ petition is filed. 5 VS,J W.P.No.23875 of 2025 6. Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies representing the respondents. 7. On a perusal of the final report of the Tahsildar, it can be observed that the Tahsildar, after verifying the original 10th class certificate furnished by the petitioner during the course of enquiry, has noticed that the petitioner studied in MPLH School, Proddutur in the year 1980 and that the said certificate is genuine and accordingly forwarded the original 10th class certificate to the 3rd respondent. But in spite of the same, the 3rd respondent has recommended for disciplinary action as against the petitioner. As the said impugned proceedings were issued even without considering the original 10th class certificate filed by the petitioner as well as the report of the Tahsildar, this Court is of the opinion that the impugned proceedings dated 19.08.2025 are liable to be set aside. 8. Accordingly, the Writ Petition is allowed by setting aside the impugned proceedings dated 19.08.2025. Further, the matter is remanded back to the 3rd respondent for fresh enquiry after giving appropriate notice to the petitioner and affording an opportunity of hearing to the petitioner. The 3rd respondent is also directed to take into consideration the report submitted by the Tahsildar on 26.06.2025 as well as the original 10th class certificate furnished by the petitioner, and then pass appropriate orders in accordance with law. The said process shall be completed within a period of four (4) weeks from the date of receipt of copy of this order. It is needless to say that till such process is completed, the respondents are directed to continue the petitioner as a fair price shop dealer and also supply essential commodities. No order as to costs. 6 VS,J W.P.No.23875 of 2025 As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :11.09.2025 JLV