IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATK (Special Original Jurisdiction) V--"' MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE O ii > PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI NX WRIT PETITION NO: 29411 OF 2024 Between: Sri N O Eranna, S/o Obulesu, Aged about 47 years, Occ FP Shop Dealer, Shop. No. 1323030, R/o Naganathanahalli Village, Adoni Mandal, Kurnool District. ...Petitioner AND 1. The State qf Andhra Pradesh, Rep. by its Principal Secretary, Consumer Affairs and Civil Supplies Department, Secretariat Buildings Velagapudi, Amaravati, Guntur District. 2. The Sub - Collector, Adoni, Kurnool District. 3. The Tahsildar, Adoni Mandal, Kurnool District ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ of Mandamus Order or direction declaring the action of the 2nd may any other appropriate Writ or respondent in suspending the authorization of the petitioner fair price shop No. 1323030 situated at Naganathanahalli village, Adoni Manjai, Kurnool District, Andhra Pradesh Vide Rc. (M). 891/2024 dated 09.11.2024 is illegal, arbitrary and violation of Article 14, 19 and 21 and consequently set aside the same. p lA NO: 1 OF 2024 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 suspend the orders passed by the 2nd respondent vide Rc. (M). 891/2024 dated 09.11.2024 disposal of the above Writ Petition^ Counsel for the Petitioner: SRI. K SRINIVAS Counsel for the Respondents: GP FOR CIVIL SUI^LIES The Court made the following order: '4 APHC010562272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 29411/2024 Between: ...PETITIONER N. O.Eranna AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.K SRI NIVAS Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: ORDER This Writ Petition under Article 226 of Constitution of India is filed for the following relief: “ to issue a writ of mandamus or any other appropriate writ, order or direction declaring the action of the 2^^ respondent in suspending the authorization of the petitioner fair price shop No 1323030 situated at Naganathanahalli Village, Adoni Mandal, Kurnool District, Andhra Pradesh vide Rc.(M) 891/2024 dated 09.11.2024 is illegal, arbitrary and 2 BSF<^ W.P.No.29411 of2024 violation of Article 14, 19 and 21 and consequently set aside the and pass such order....” same 2. The case of the petitioner is briefly as follows: The petitioner was appointed as a dealer of the fair price shop bearing no. 1323030, Naganathanahalli village, Adoni mandal, Kurnool district, Andhra Pradesh. On 28.10.2024, the 2'^'^ respondent issued show cause notice vide Rc.No.891 of 2024 basing on the report of the O'"* respondent vide Rc.(B) 796 of 2024 dated 23.10.2024, with the charge that the inspection team had noticed the shortage of 9.35 quintals of PDS rice in the ground balance in violation of clause 29(a) of A.P.S.T.P.D.S (Control) Order, 2018 and the petitioner submitted explanation as follows:- “In obedience to the notice cited above, I beg to submit that I have been appointed as a fair price shop dealer on regular basis by the then Revenue Divisional Officer, Adoni in his proceedings Rc.M. 1408/2004, dated 30.05.2005 and since then I am functioning as such without any complaints. I also submit that my distribution of Essential commodities to the Card Holders is fair, timely and till the stocks are exhausted. I also submit that almost all Card Holders are agricultural coolies, and when they came late in the night, I used to give the same. Thus, there are no complaints either from the card holders or from the Inspecting Officers. even In this connection, I humbly further beg to submit that I used to take the stocks as per the weighment already put by the M.L.S.point through the Route Officer, and used to hand over to MDU operator. There are some busy bodies who are jealous of my fair distribution and no complaints against me have put some bogus petition and basing this, the Team headed by the CSDT, Adoni, came to my shop and without verifying the stocks has simply took the signatures of the persons who are standing there for his reference. It is only after receipt of above on ( V 3 BSB,J W.P.No.29411 of 2024 notice; I came to know about the bald allegation that there is a shortage of 9.35 quintals of PDS Rice. This is not correct. It is only the surmise of inspecting team to send a report against me without any fault of mine. Even if the allegation is there is variation of less in the ground balance, without measuring each and every bag, the inspecting team would not have found the shortage as mentioned in the report. I deny the same and it is not on true facts, but it is only a surmise to submit a report against me. I also further submit and beg to bring to the notice of Honourable Sub-Collector, Adoni, that the MLS point is to issue the bags without weighment and there will be shortage of 2 to 5 kgs in each and every bag. This fact was brought to the notice of the Officers several times by the F.P.Shop Dealers, there is no action on this issue”. The petitioner contends that without properly appreciating the explanation, the impugned order was passed on 09.11.2024 suspending the authorization of the petitioner in violation of the principles of natural justice. The petitioner further contends that a case under section 6A of the Essential Commodities Act, 1955 was booked against the petitioner for the alleged irregularities without issuing any notice to the M.D.U operator who is distributing the stock to the card holders. 3. K The learned Assistant Government Pleader placed on record the written instructions which are replica of the impugned order. 4. The following is the table of contents noted in the panchanama part of the impugned order:- 5. Variation (Qts.) Ground balance Quantity Distributed Closing stock as per e- Total quantity (2+5) Allocation for the month Quantity actually received by F.P, shop dealer SI. Commodities Opening balance No. pos machine 9.35 11.46 2.11 85.00 85.00 96.56 PDS Rice 11.56 85.00 1 0.00 40 180 40 220 220 0.00 220 2 R.G.Dal (kgs) / 4 BSB0i W.P.No.29411 of2024 3 Levy Sugar (Kgs) 91 482 482 573 487 86 86 0.00 A perusal of the above contents in the table indicates that the alleged variation of stock is not duly accounted for by the petitioner. Since the alleged variation is above the permissible limit, the impugned order cannot be interfered at this juncture. However, since no time limit for the operation of the order is mentioned in the said order, it cannot be allowed for an indefinite period. 6. Accordingly, the writ petition is disposed of directing the concerned authorities to complete the enquiry within two months from the date of receipt of the copy of this order failing which the interim order of suspension impugned in this writ petition stands vacated. 7. There shall be no orders as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Consumer Affairs and Civil Supplies Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Sub - Collector, Adoni, Kurnool District. V'- 3. The Tahsildar, Adoni Mandal, Kurnool District 4. One CC to Sri. K Srinivas Advocate [OPUC] 5. Two CCs to GP for Civil Supplies, High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies GSC HIGH COURT DATED;06/01/2025 ORDER WP.No.29411 of 2024 ^ANO, * 0 'I MAR 2025 % ^Jj . Current Section ^ DISPOSING OF THE WP WITHOUT COSTS