APHC010466422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBE ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATI lA WRIT PETITION NO: 23898 OF 2025 Between: Smt. E Dhanalakshmi, W/o Sri E. Lakshmikantha Reddy, Aged about 34 years, Occupation F.P. Shop Dealer, Treasurer, Sri VenkrJeswara Mahila Sangham, R/o Kocheruvu Village, Dhone Mandal, Nandyal District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Consumer Affairs, Food and Civil Supplies Seoretariat Buildings, Veiagapudi, Guntur District, Andhra Pradesh. 2. The Commissioner of Civil Supplies, Government of Andhra Pradesh, Vijayawada, Andhra Pradesh. 3. The District Collector Civil Supplies, Nandyal District, Nandyal, Andhra Pradesh. 4. The Revenue Divisional Officer, Dhone Division, Dnone, Nandyal District, Andhra Pradesh. 5. The Tahsildar, Dhone Mandal, Dhone, Nandyal District, Andhra Pradesh. . .Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the Higf Court may be pleased to issue an appropriate writ, order or direction more pr rticularly nature of Writ of Mandamus Declaring the proceedings issjed by the 4th Respondent in Rc.No.D/CS/400/2025, dated 26.06.2025, terminating the Fair Price Shop Dealership No.1349061 of Kocheruvu Village, Dhone Mandal, Nandyal District as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and contrary to the provisions of the APSTPDS (Control) Order, 2018 and consequently direct the respond(mts to forthwith reinstate the petitioner's authorization for F.P.Shop No. 1349061, Kocheruvu Village, Dhone Mandal, Nandyal District, and allow her o carry on her dealership one in lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated i.n the affidavit filed in suppo.rt of the petition, the Fligh Court may be pleased to suspend the operation of the impugned proceedings of the 4^ Respondent in Rc.No.D/CS/400/2025, dated 26.06.2025, pending dispoi.al of the Writ Petition Counsel for the Petitioner: M/s. AYESHA AZMA S Counsel for the Respondents No.1 to 5: GP FOR CIVIL SLiPPLIES The Court made the following j APHC010466422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] If / r* TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23898/2025 Between: nHANALAKSHMI, W/0 SRI E. LAKSHMIKANTHA REDDY. AGED aROUT 34 YEARS, OCCUPATION F.P. SHOP DEALER, treasurer, SRI VENKATESWARA MAHILA SANGHAM KOCHERUVU village, dhone manual, nandyal district, ANDHRA PRADESH. 1.E R/0 PETITIONER AND STATE OF AP. REP. BY ITS PRINCIPAL SECRETARY, OF CONSUMER AFFAIRS, FOOD AND CIVIL GUNTUR 1.THE department SUPPLIED district, ANDHRA PRADESH. .the commissioner of civil supplies, government of ANDHRA PRADESH. VIJAYAWADA, ANDHRA PRADESH. district collector civil supplies, nandyal district, SECRETARIAT BUILDINGS, VEIAGAPUDI 3 THE nandyal, ANDHRA PRADESH. 4 the REVENUE DIVISIONAL OFFICER, DHONE DIVISION, DHONE nandyal DISTRICT, ANDHRA PRADESH. 5 the tahsildar, dhone manual, dhone, nandyal district, ANDHRA PRADESH. ...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 an appropriate writ, order or direction more particularly one in nature of Writ of Mandamus Declaring the proceedings issued by the 4th Respondent in Rc.No.D/CS/400/2025, dated 26.06.2025, terminating the Fair Price Shop Dealership No. 1349061 of Kocheruvu Village, Dhone Mandal, Nandyal District as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and contrary to the provisions of the APSTPDS (Control) Order, 2018 and consequently direct the respondents to forthwith reinstate the petitioner's authorization for F.P. Shop No. 1349061, Kocheruvu Village, Dhone Mandal, Nandyal District, and allow her to carry on her dealership and lA NO: 1 OF 209.^ pass 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 operation of the impugned proceedings of the 4th Respondent in Rc.No.D/CS/400/2025, dated 26.06.2025, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.AYESHA AZMAS Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES I 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 an appropriate writ, order or direction more particularly in nature of Writ of Mandamus Declaring the proceedings issued 4’^ Respondent in Rc.No.D/CS/400/2025 dated 26.06.2025 terminating the Fair Price Shop Dealership No. 1349061 of Kocheruvu Village, Dhone Mandal, Nandyal District as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and contrary to the provisions of the APSTPDS (Control) Order 2018 and consequently direct the respondents to forthwith reinstate the petitioners authorization for F.P.Shop No.1349061, Kocheruvu Village, Dhone Mandal, Nandyal District and allow her to carry on her dealership and to pass such other order or orders ....” The petitioner is a member of Sri Venkateswara Mahila Sangham, a self-help group of Kocheruvu Village. The petitioner was appointed as a temporary dealer for fair price shop No. 1349061 of Kocheru Mandal, by the Collector (CS) Kurnool, vide proceedings bearing Progs.No.Rc.CS3/485/2018, dated 10.06.2020. Since the date of her appointment, the petitioner has been distributing the essential commodities to the card holders without there being any interruption or complaints from any one 2. illage, Dhone \ / corner. While the matter being so, on 15.03.2025, the officials from the office of respondent, namely, the Mandal Revenue Inspector, Dhone, along with the Village Revenue Officer, conducted a surprise inspection over the petitioner’s fair price shop and have conducted panchanama in the presence of the petitioner and seized the available stock, the ePoS machine and the weighing machine on the same day, alleging certain variations. Basing on the 3. the 5 report of the 5‘^ respondent, i.e., the Tahsildar, the 4^^ respondent i.e., the Revenue Divisional Officer issued a show cause notice to the petitioner on 13.05.2025, calling for an explanation within seven (7) days from the date of receipt of the said notice, which, in fact was served on the petitioner 14.05.2025. For which, the petitioner has submitted her explanation 15.05.2025, which was also acknowledged by the office of the 4*'' respondent on the same day. on on 4. The grievance of the petitioner in the present writ petition is that, inspite of there being an explanation submitted by the petitioner on 15.05.2025, in pursuance of the show cause notice, the 4*^ respondent has passed impugned orders on 26.06.2025, alleging that even after lapse of more than one month, the petitioner nas not submitted any explanation and accordingly, terminated the petitioner’s authorization and as well as directed to make alternative arrangement for distribution of essential commodities. Challenging which, the present writ petition is filed. an 5. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies representing the respondents. 6. On a perusal of the documents filed by the petitioner, it is an admitted fact that in pursuance of the show cause notice issued by the 4^'^ respondent on 13.05.2025, the petitioner has submitted her explanation on 15.05.2025, which was also acknowledged by the office of the 4*'' respondent on the same day i.e., on 15.05.2025. Inspite of the same, even without considering the fact 5 ' that the petitioner has already submitted an explanation, which was also part of the office record of the 4**^ respondent, the 4^*^ respondent terminated the petitioner’s authorization, duly stating that the petitioner has not submitted her explanation even after lapse of more than one month of issuance of show cause notice, which admittedly is contrary to its own records. In view of the same, the impugned proceedings of the 4‘^ respondent 7. dated 26.06.2025 are liable to be set-aside. Accordingly, the Writ Petition is allowed by setting aside the impugned proceedings of the 4‘^ respondent dated 26.06.2025 and the matter is remanded back to the 4*^ respondent for fresh consideration by looking into the explanation already submitted by the petitioner on 15.05.2025. It is needless to state that the respondents are directed to supply the essential commodities to the petitioner until the disciplinary proceedings initiated against the petitioner are finalized. There shall be no order as to costs. 8. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- T. SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, of Andhra Pradesh, Department of and Civil Supplies Secretariat Buildings, 1. The Principal Secretary, State Consumer Affairs, Food Veiagapudi, Guntur District, Andhra Pradesh. 2. The Commissioner of Civil Supplies, _Government of Andhra Pradesh Vijayawada, Andhra Pradesh 3. The District Collector' Pradesh. Civil Supplies, Nandyal District, Nandyal, Andhra $ 4. The Revenue Divisional Officer, Dhone Division, Dhone, Nandyal District, Andhra Pradesh. 5. The Tahsildar, Dhone Mandal, Dhone, Nandyal District, Andhra Pradesh. 6. One CC to M/s. AYESHA AZMA S Advocate [OPUC] 7. Two CCs to GP FOR CIVIL SUPPLIES High Court of Andhra Pradesh [OUT] 8. Two CD Copies gsg I HIGH COURT DATED: 09/09/2025 ORDER WP NO. 23898 OF 2025 } ALLOWING THE WP WITHOUT COSTS