APHC010486252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25260/2025 Between: 1. SHAIK FATHIMABI, W/O. MD. JELANI BASHA, AGED ABOUT 58 YEARS, OCCUPATION . FAIR PRICE SHOP DEALER, F.P.SHOP.NO.0812034, KATURIVARIPALEM VILLAGE, PODILI MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY , CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR CIVIL SUPPLIES, PRAKASAM DISTRICT, ONGOLE. 3. THE DISTRICT SUPPLIES OFFICER, ONGOLE, PRAKASAM DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, KANIGIRI, PRAKASAM DISTRICT, 5. THE TAHSILDAR, PODILI MANDAL, PRAKASAM DISTRICT. 6. THE ENFORCEMENT DEPUTY TAHASILDAR CIVIL SUPPLIES, PODILI, PRAKASAM DISTRICT. ...RESPONDENT(S): 2 VS,J W.P.No.25260 of 2025 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 a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the 4th respondent in issuing proceedings Rc.E/608/2025, dated 26.05.2025 by suspending the authorization of the petitioner as fair price shop dealer of Fair Price Shop. No. 0812034, Katurivaripalem village, Podili Mandal, Prakasam District, without there being any valid reason, without issuing any notice to the petitioner as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and consequently set-aside the same and further direct the respondents to continue the petitioner for the dealer of Fair Price Shop. No. 0812034, Katurivaripalem village, Podili Mandal, Prakasam District, 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 to direct the respondents to continue the petitioner as the Fair Price shop Dealer and to supply essential commodities to the petitioner’s Fair Price Shop.No.0812034, Katurivaripalem village, Podili Mandal, Prakasam District, by suspending the impugned proceedings of 4**^ respondent in Rc.E/608/2025, dated 26.05.2025 pending disposal of Writ Petition, and to pass Counsel for the Petitioner: 1. ROHITH PALLEPAGA Counsel for the Respondent(S): 1. ROHITH PALLEPAGA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.25260 of 2025 This Court made the following Order: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing proceedings Rc.E/608/2025, dated 26.05.2025 by suspending the authorization of the petitioner as fair price shop dealer of Fair Price Shop. No. 0812034, Katurivaripalem village, Podili Mandal, Prakasam District, without there being any valid reason, without issuing any notice to the petitioner as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and consequently set-aside the same and further direct the respondents to continue the petitioner for the dealer of Fair Price Shop. No.0812034, Katurivaripalem village, Podili Mandal, Prakasam District ….” 2. Brief facts of the case as follows: a) The petitioner was appointed as permanent Fair Price Shop dealer of Shop No.0812034 of Katurivaripalem Village, Podili Mandal, Prakasam District. Since the date of her appointment, the petitioner has been distributing essential commodities to the cardholders without there being any complaint either from any corner for the past 15 years. b) While the matter being so, on 13.05.2025, the respondents visited the petitioner’s Fair Price Shop and verified the physical stocks available in the said shop in the presence of mediators and found excess 250 kgs of PDR fortified rice. Though the said variation is within the permissible limit of 1.5% in respect of single commodity, respondents No.5 and 6 obtained petitioner’s 4 VS,J W.P.No.25260 of 2025 signatures on panchanama without considering the explanation given by the petitioner. Basing on the said report, respondent No.4 issued a show-cause notice on 26.05.2025 calling for an explanation within seven (7) days from the date of receipt of said notice or else to attend personal hearing on 05.06.2025. It is also the case of the petitioner that on the same day the petitioner’s authorization was also suspended pending enquiry i.e., on 26.05.2025. Challenging the said proceedings, the present writ petition is filed. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 3. On a perusal of the show-cause notice dated 26.05.2025, it can be observed that the petitioner was directed either to submit her explanation within seven days or to attend personal hearing on 05.06.2025. However, it can be observed that on the same day, i.e., 26.05.2025, vide proceedings in Rc.E/608/2025, dated 26.05.2025 the petitioner’s authorization was suspended, even without waiting for the time given in the show-cause notice. 4. In view of the same, the Writ Petition is allowed, setting aside the impugned proceedings Rc.E/608/2025 dated 26.05.2025 passed by the 4th respondent and the petitioner is directed to submit her explanation to the show-cause notice dated 26.05.2025 within a period of two (2) weeks from the date of receipt of a copy of this order and the thereafter 4th respondent shall pass appropriate orders in accordance with law. It is needless to say that the 5 VS,J W.P.No.25260 of 2025 respondents shall supply the essential commodities to the petitioner’s Fair Price Shop till finalization of the disciplinary proceedings against the petitioner. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 17.09.2025 KGR