APHC010516902018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24416/2018 Between: 1. SMT BOMMALATHA INDUMATHI, W/O KONDALARAO, AGED ABOUT 35 YEARS, FAIR PRICE SHOP DEALER TEPPALAVALASA-I VILLAGE, RANASTHALAM MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPT., BY ITS PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P 2. THE JOINT COLLECTOR, SRIKAKULAM DISTRICT. SRIKAKULAM 3. THE REVENUE DIVISIONAL OFFICER, SRIKAKULAM, SRIKAKULAM DIST. 4. THE TAHSILDAR, RANASTHALAM MANDAL, RANASTHALAM , SRIKAKULAM 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 to to issue writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the order passed by the Revenue Divisional Officer, Srikakulam, the 3rd respondent herein, in Rc.No.884/2018 C.S. dt.07.07.2018, suspending authorization of the petitioner as F.P. Shop dealer without giving any opportunity and without conducting proper enquiry 2 as illegal, arbitrary, without jurisdiction, in Violation of Principles of Natural Justice and contrary to the provisions of A.P. State Public Distribution System Control Order, 2008, and set aside the same. IA NO: 1 OF 2018 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 herein to allow the petitioner to distribute the Essential Commodities to the respective card holders attached to the F.P.Shop No.17, in Teppalavalasa-I village, Ranasthalam Mandal, Srikakulam District, by suspending the operation of the order passed by the Revenue Divisional Officer, Srikakulam, the 3rd respondent herein, in Rc.No.884/2018 C.S, dt.07.07.2018, pending disposal of the above Writ Petition 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 to vacate the interim order dated 16.07.2018 in W.P.No.24416 of 2018 and dismiss the Writ Petition and pass Counsel for the Petitioner: 1. GNANESWARA RAO MITTIREDDI Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP) The Court made the following: 3 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.24416 of 2018 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the order passed by the Revenue Divisional Officer, Srikakulam, the 3rd respondent herein, in Rc.No.884/2018 C.S. dt.07.07.2018, suspending authorization of the petitioner as F.P. Shop dealer without giving any opportunity and without conducting proper enquiry as illegal, arbitrary, without jurisdiction, in Violation of Principles of Natural Justice and contrary to the provisions of A.P. State Public Distribution System Control Order, 2008, and set aside the same….” 2. Brief facts of the case are that the petitioner herein was appointed as fair price shop dealer under S.C., quota for the shop No.0107017, Teppalavalasa-I village, Ranasthalam mandal, Srikakulam district in the year 2007 and has been distributing essential commodities to the cardholders ever since. 3. While the matter stood thus, on 05.07.2018, the Inspector of Police, Vigilance and Enforcement along with Mandal Revenue Inspector-II, Ranasthalam and Village Revenue Officer, Teppalavalasa, jointly inspected the petitioner’s fair price shop and after verifying the stock register with the available ground balance, the said officials seized 102.87 quintals of PDS rice, 35 kilograms of Sugar, 26 kilograms of RG dal, 35 kilograms of Chana dal and 7 kilograms of ICDS P/oil on the ground that there are certain variations. Subsequently, the Tahsildar – 4th respondent sent a report to the Joint collector – 4 2nd respondent on 06.07.2018 for initiating proceedings under Section 6A of the Essential Commodities Act, against the petitioner and the same are pending before the 2nd respondent. On 07.07.2018, the 3rd respondent has issued a show cause notice to the petitioner seeking her explanation within a period of seven days from the date of receipt of a copy of the said notice. However, without waiting for the explanation from the petitioner, the 3rd respondent, on the same day i.e. 07.07.2018 vide proceedings in Rc.No.884/2018 CS, has suspended the petitioner’s authorization pending enquiry. Aggrieved by the same, the present petition is filed. 4. When the writ petition came up for admission on 16.07.2018, this Court has passed an interim order directing the respondents to allow the petitioner to distribute the essential commodities to respective card holders attached to fair price shop No.17, Teppalavalasa-I village, Ranasthalam mandal, Srikakulam district by suspending the operation of the order passed by the 3rd respondent herein in Rc.No.884/2018 C.S., dated 07.07.2018, pending disposal of the present petition. 5. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 6. During the course of hearing, learned counsel for the petitioner has submitted that pursuant to the interim order passed by this Court on 16.07.2018, the petitioner is being continued as fair price shop dealer for the shop No.0107017, Teppalavalasa-I village, Ranastalam mandal and that essential commodities are being supplied to the petitioner’s fair price shop. On the other hand, learned Assistant Government Pleader, relying on instructions of the 3rd 5 respondent, has submitted that proceedings under Section 6A of the Essential Commodities Act are still pending against the petitioner and also that the enquiry is yet to be completed. 7. In view of the above, instead of keeping the writ petition pending, this Court feels it appropriate to set-aside the order passed by the 3rd respondent in Rc.No.884/2018 C.S., dated 07.07.2018 and the respondents are directed to continue the petitioner as fair price shop dealer of shop No.0107017, Teppalavalasa-I village, Ranastalam mandal. Further, the respondent authorities are at liberty to complete the pending proceedings against the petitioner under Section 6A of the Essential Commodities Act, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order. 8. Accordingly, with the above direction, this writ petition is 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 :02.09.2025. Gss