1 APHC010458392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23658/2025 Between: 1. SRI RUPPA SRINIVASA RAO, S/O LATCHANNA, AGED MAJOR, R/AT D.NO.5-2 , JONNALAPADU VILLAGE, GARA MANDAL, SRIKAKULAM DISTRICT PRESENTLY AT AMARAVATHI. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY (CIVIL SUPPLIES), SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE JOINT COLLECTOR, COLLECTOR OFFICE, SRIKAKULAM. 3. THE REVENUE DIVISIONAL OFFICER, R.D.O., OFFICE, SRIKAKULAM. 4. KUM K SAI PRATHYSHA, REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, SRIKAKULAM. 5. MUSURU PADMA, W/O NOT KNOWN TO THE PETITINER. AGED MAJOR ,R/AT JONNALAPADU CILLLAGE RAMA CHANDRA PURAM PANCHAYAT GARA MANDAL, SRIKAKULARM DISTRICT. 6. SRI GUNDU SHANKAR, S/O NOT KNOWN. AGED MAJOR SRIKAKULAM TOWN, SRIKAKULAM. ...RESPONDENT(S): 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 toPleased to Issue a Writ or Order or Direction more particularly one in the nature of a Writ of Certiorari to Call for the records pertaining to the Impugned Proceedings passed by the Revenue Divisional Officer,Srikakulam (R-3) vide R.C.No.557/2024 CS Dtl8.08.2025 by Cancelling the Petitioner's Fair Price Shop No.0120048 Jonnalapadu Village , Gara Mandal, Srikakulam District and there by alloted the same to 5th Respondent on the Influence of the 6th Respondent inspite of the order of this Hon'ble Court in W.P. No.7625/2025 as well as W.P.No.5958/2025 which are pending without following the procedure of law , all are Illegal, Unlawful, deliberate violation , Violation of Article 14,19,21 of the Constitution of India, Violatoin of Andhra Pradesh Targetted Public Distribution System (Control) Order, 2018 Consequently Set-Aside the Impugned Order R.C.No.557/2024 CS Dt. 18.08.2025 by Allowing the Writ Petition 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 Dispense with filing of Original Impugned Order Copy R.C.No.557/2024 CS Dt. 18.08.2025 passed by the 3rd Respondent in the interest of the justice, IA 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 Pleased to Suspend the Impugned Order R.C.No.557/2024 CS Dt. 18.08.2025 passed by the 3rd Respondent there by to Restore the Petitioner's Fair Price Shop No.0120048 at Jonnalapadu Village, Gara Mandal, Srikakulam by supplying the Essential Commodities pending disposal of the main Writ Petition Counsel for the Petitioner: 1. R SIVA SAI SWARUP Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES WRIT PETITION NO: 7625/2025 3 Between: 1. RUPPA SRINIVASA RAO, S/O LATCHANNA, AGED. MAJOR, R/AT D.NO.5-2 , JONNALAPADU VILLAGE, GARA MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY (CIVIL SUPPLIES) , SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE JOINT COLLECTOR COLLECTOR OFFICE, SRIKAKULAM. 3. THE REVENUE DIVISIONAL OFFICER, R.D.O., OFFICE, SRIKAKULAM. 4. KUM K SAI PRATHYUSHA, REVENUE DIVISIONAL OFFICER , REVENUE DIVISONAL OFFICE, SRIKAKULAM ...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 or Order or Direction more particulalry one in the nature of a Writ of Certiorari to Call for the Records pertaining to the impugned Proceedings passed nu the 3rd respondent vide R.C.No.171/2025 CS dt.17-03-2025 suspending the Petitioner's Fair Price Shop No.0120048 at Jonnalapadu Village, Gara Mandal Srikakulam inconnection with the Show Cause Notice RC.No.171/2025 dt.25.02.2025 without following the procedure as required under the Law as well as Inspite of Order Passed by this Hon'ble Court in W.P.No.5958/2025 dt.13.03.2025 by ordering Stay of Show Cause Notice dt.25.02.2025 all are Illegal, Unlawful, Violation of Principles of Natural Justice, Violation of Article 14,19,21 of the Constitution of India ,Violation of Andhra Pradesh Targeted Public Distribution System (Control) Order , 2018, Consequently Set-Aside R.C.No.171/2025 CS dt.17-03-2025, the Impugned Suspension Order of Petitioner's Fair Price Shop No.0120048 at Jonnalapadu Village, Gara Mandal, Srikakulam District there by Continue the Petitioner's Fair Price Shop No.0120048 and to pass IA NO: 1 OF 2025 4 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 dispense with filing of original Impugned Order Copy R.C.No.171/2025 CS dt.17-03-2025 passed by the 3rd Respondent in connection with the petitioner's Fair Price Shop No.0120048 Jonnalapadu Village,Gara Mandal, Srikakulam in the interest of the justice and to pass IA 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 Pleased SUSPEND the Impugned Suspension Order R.C.No.171/2025 CS dt.17-03-2025 of Petitioner's Fair Price Shop No.0120048 at Jonnalapadu Village, Gara Mandal, Srikakulam District there by direct the Respondents to Continue Supply of Food grains (Essential Commidites) to the Petitioner's Fair Price Shop No.0120048 of Jonnalapadu Village, Gara Mandal, Srikakularl pending disposl aof the main Writ Petition and to pass IA NO: 3 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 leased to extend the Interim Suspension Order passed in I.A.No.2/2025 in W.P. No.7625/2025 dt. 26- 03-2025 for a further period till the date of hearing or else I will be put to suffer a serious loss and hardship and pass Counsel for the Petitioner: 1. R SIVA SAI SWARUP Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES WRIT PETITION NO: 5958/2025 Between: 1. SRI RUPPA SRINIVASA RAO, S/O LATCHANNA, AGED MAJOR, R/AT D.NO.5-2 , JONNALAPADU VILLAGE, GARA MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER 5 AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY (CIVIL SUPPLIES), SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE JOINT COLLECTOR, COLLECTOR OFFICE, SRIKAKULAM. 3. THE REVENUE DIVISIONAL OFFICER, R.D.O., OFFICE, SRIKAKULAM. 4. MUSURU PADMA, W/O NOT KNOWN TO THE PETITIONER. AGED MAJOR ,R/AT JONNALAPADU CILLLAGE RAMA CHANDRA PURAM PANCHAYAT GARA MANDAL, SRIKAKULARM 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 to Issue a Writ or Order or Direction more particulalry one in the nature of a Writ of Mandamus decalring the action of the respondents in continuously threatening the petitiioner that they will take Coercive Steps as against the Petitioner Fair Price Shop No.0120048 at Jonnalapadu Village, Gara Mandal, Srikakulam District including Cancellation of License without conducting any enquiry only on the sole ground Un-offiical respondent No.4 gave a Complaint, even though the petitioner gave an Explanation dt.01-03- 2025 to the Respondents in connection with the Show Cause Notice RC NO.171/2025 dt.25.02.2025 all are Illegal, Unlawful, Violation of Article 14,19,21 of the Constitution of India, Violation of Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 , Violation of Principles of Natural Justice Consequently direct the respondents strictly to follow the procedure as per the law in the interest of the justice 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 direct the respondents 2 and 3 not to take any Coercive Steps as against the Petitioner Fair Price Shop No.0120048 at Jonnalapadu Village, Gara Mandal, Srikakulam District by any means or what so ever except under the due process of law pending disposal of the main Writ Petition in the interest of the justice 6 Counsel for the Petitioner: 1. R SIVA SAI SWARUP Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 7 COMMON ORDER: All these writ petitions are filed by the same petitioner and as the issue involved in these writ petitions is consequential to one another, this Court is of the opinion to dispose of these petitions by way of a common order, by taking W.P.No.23658 of 2025 as main case. W.P.No.23658 of 2025 came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a Writ or Order or Direction more particularly one in the nature of a Writ of Certiorari to Call for the records pertaining to the Impugned Proceedings passed by the Revenue Divisional Officer,Srikakulam (R-3) vide R.C.No.557/2024 CS Dtl8.08.2025 by Cancelling the Petitioner's Fair Price Shop No.0120048 Jonnalapadu Village , Gara Mandal, Srikakulam District and there by alloted the same to 5th Respondent on the Influence of the 6th Respondent inspite of the order of this Hon'ble Court in W.P. No.7625/2025 as well as W.P.No.5958/2025 which are pending without following the procedure of law , all are Illegal, Unlawful, deliberate violation , Violation of Article 14,19,21 of the Constitution of India, Violatoin of Andhra Pradesh Targetted Public Distribution System (Control) Order, 2018 Consequently Set-Aside the Impugned Order R.C.No.557/2024 CS Dt. 18.08.2025 by Allowing the Writ Petition….” 2. Brief facts of the case are that the petitioner herein was appointed as a fair price shop dealer of shop No.0120048, Jonnalapadu village, Gara mandal, Srikakulam district and has been distributing essential commodities to the cardholders, without there being any complaint either from the cardholders or from the respondent officials. 3. While the matter stood thus, the 3rd respondent herein has issued a show cause notice dated 25.02.2025 framing two charges and sought 8 explanation from the petitioner as to why action should not be initiated against him. Pursuant to the same, the petitioner filed his explanation on 01.03.2025. As the petitioner was threatened of suspending his authorization, the petitioner was constrained to file W.P.No.5958 of 2025 before this Court, wherein, this Court has passed the following interim order on 13.03.2025: “Prima-facie, the enquiry officer has not submitted a copy of the report of any subordinate officer or a copy of the complaints along with the show cause notice. Hence, there shall be stay of show cause notice dated 25.02.2025, until further orders.” 4. Though the show cause notice dated 25.02.2025 was stayed by this Court by way of the above interim order, the 3rd respondent, vide proceedings in R.C.No.171/2025 CS, dated 17.03.2025 has suspended the authorization of the petitioner’s fair price shop bearing No.0120048, Jonnalapadu village, Gara mandal even without serving a copy of the panchanama or the complaint and even without issuing a fresh show cause notice. Challenging the said proceedings, the petitioner has filed W.P.No.7625 of 2025 before this Court and was succeeded in obtaining the following interim order dated 26.03.2025: “…In view of the said fact, there shall be an interim suspension of the proceedings issued by the 3rd respondent vide R.C.No.171 of 2025 CS, dated 17.03.2025, for a period of eight (08) weeks.” 5. In pursuance of the interim order dated 26.03.2025, the petitioner was permitted to supply essential commodities to cardholders. However, the 3rd respondent, in order to allot the petitioner’s fair price shop in favour of the 5th respondent, has passed the impugned order vide R.C.No.557/2024 CS, dated 18.08.2025 by cancelling the petitioner’s authorization of the fair price shop 9 No.0120048, Jonnalapadu village, Gara mandal, Srikakulam district. Aggrieved by the cancellation order dated 18.08.2025, the present writ petition is filed. 6. Heard Sri. R. Siva Sai Swarup, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 7. On a perusal of the entire material available on record, it can be seen that initially, the 3rd respondent herein has issued a show cause notice dated 25.02.2025 to the petitioner framing two charges as against the petitioner and sought for his explanation; though the petitioner has submitted his explanation, the petitioner was threatened of suspension of his authorization of the fair price shop, as such, he was constrained to file W.P.No.5958 of 2025 before this Court, wherein he succeeded in obtaining an interim stay of the said show cause notice dated 25.02.2025. In spite of the same, the 3rd respondent vide proceedings in R.C.No.171/2025 CS, dated 17.03.2025 has suspended the authorization of the petitioner’s fair price shop and the said proceedings was once again challenged in W.P.No.7625 of 2025, wherein, this Court vide order dated 26.03.2025 has suspended the operation of the proceedings dated 17.03.2025 and pursuant to the same, it can be seen that the petitioner’s fair price shop was supplied with the essential commodities. 8. Though this Court has granted interim stay on the proceedings dated 17.03.2025 of the 3rd respondent, the petitioner’s authorization was cancelled vide impugned proceedings dated 18.08.2025. 10 9. A perusal of the impugned proceedings dated 18.08.2025 would go to show that on receipt of a complaint from one Smt. Musuru Padma, Jonnalapadu village of Gara mandal that the petitioner herein is holding the posts of MPTC and fair price shop dealer simultaneously, a report has been called for from the MPDO, Gara to ascertain the same and accordingly, a report was submitted that the petitioner herein was holding the post of MPTC, Ramachandrapuram Panchayat, MPTC constituency, Gara from 24.09.2021. As the said act of holding two posts simultaneously by the petitioner is against the provisions stipulated under the Control orders, a show cause notice dated 25.02.2025 was issued to the petitioner and accordingly, the petitioner has submitted his explanation. With regard to the explanation submitted by the petitioner, the 3rd respondent observed as under: “…Further, the dealer failed to produce any evidences to substantiate his claims and submitted explanation irrelevantly. He alleges personal enmity and past disputes with the complainant (Musuru Padma), but fails to provide any credible evidence or context to support this claim which appear subjective and speculative, which cannot be a valid ground to disregard a complaint without inquiry. The explanation would demonstrate openness to scrutiny, and a clear willingness to undergo a fair enquiry, instead, the dealer explanation is accusatory and the dealer absented to hearing fixed on 12.03.2025. Since, the explanation is not convincing in nature and upon perusing all the records and material evidence, the authorization of Sri Ruppa Srinivasarao, Dealer of FP Shop No.0120048 was suspended by the undersigned vide ref.5th read above.” 11 9. It is further stated in the impugned proceedings that the explanation submitted by the petitioner was found unsatisfactory, as such the petitioner was issued suspension proceedings dated 17.03.2025 and the same was stayed by this Court in W.P.No.7625 of 2025 on 26.03.2025 and the said order expired on 21.05.2025. Thereafter, as any person, holding the post of MPTC, is not entitled to perform the duties of fair price shop dealer in terms of clause XII (ii) of G.O.Ms.no.32 CAF & CS (Cs-I) Dept., dated 03.12.2018, the person who holds both the posts simultaneously shall resign to the post of fair price shop dealership, but, as the petitioner did not choose to do so and continued as MPTC of Ramachandrapuram village, Gara mandal from 24.09.2021 besides being the dealer of fair price shop No.0120048, Jonnalavalasa village, Gara mandal, his authorization was cancelled vide the impugned order dated 08.08.2025. Though this Court has initially stayed the show cause notice dated 25.02.2025 and suspension orders dated 17.03.2025, the 3rd respondent has straight away cancelled the authorization of the petitioner which is nothing but violation of the orders passed by this Court. 10. The aforesaid facts are not in dispute, but, this Court is not convinced as to what was the necessity for proceeding further by issuing suspension order dated 17.03.2025 in pursuance of a show cause notice dated 25.02.2025, though the said show cause notice was stayed by this Court vide order dated 13.03.2025 in W.P.No.5958 of 2025. The action of the 3rd respondent in passing the order vide R.C.No.557/2024 CS, dated 18.08.2025, 12 cancelling the petitioner’s authorization of the fair price shop, directly violates the interim orders passed by this Court in W.P.No.5958 of 2025 and W.P.No.7625 of 2025. In spite of there being a clear direction to stay the show cause notice and suspend the suspension proceedings, the 3rd respondent proceeded with an arbitrary cancellation of the petitioner’s authorization. As on the date of cancellation of the petitioner’s fair price shop, admittedly, neither there was a show cause notice in force nor was there any suspension order in force. The said action of the 3rd respondent indicates willful disobedience of the orders passed by this Court. Such conduct of the 3rd respondent is tantamount to contempt of court and can attract penal consequences for such behavior. However, upon the request of the learned Assistant Government Pleader, this Court, taking a lenient view, refrains from taking appropriate measures as against the 3rd respondent. In view of the foregoing discussion, this writ petition deserves to be allowed. 11. In view of the detailed order passed in W.P.No.23658 of 2025, W.P.Nos.5958 and 7625 of 2025 are also allowed. 12. In the result, all these writ petitions are allowed and the show cause notice dated 25.02.2025, proceedings in R.C.No.171/2025 CS, dated 17.03.2025 issued by the 3rd respondent for suspending the petitioner’s authorization of the fair price shop and the proceedings issued by the 3rd respondent in R.C.No.557/2024 CS, dated 18.08.2025 in cancelling the petitioner’s fair price shop dealership are set-aside. Further, the respondents are directed to continue the petitioner as fair price shop dealer of shop 13 No.0120048, Jonnalapadu village, Gara mandal, Srikakulam district, unless a fresh cause of action is initiated against the petitioner and it is made clear that the 3rd respondent shall not initiate any action against the petitioner herein, pursuant to the show cause notice dated 25.02.2025. 13. Accordingly, these writ petitions are allowed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :10.09.2025 Gss