APHC010599712024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 31278/2024 Between: Syed Amtul Husana ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following ORDER: This writ petition is filed under Article 226 of Constitution of India seeking the following relief: “…pleased to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the respondent No.2 in suspension of authorization of the petitioner vide proceedings in Rc. DT(LR)1494/2024 dated 16.12.2024 without conducting any enquiry is illegal, arbitrary and violation of Articles 14, 19 and 21 of constitution of India consequently set aside the same and pass…” 2 JS,J W.P.No.31278/2024 2. The petitioner is the permanent fair price shop dealer for shop No.1382160 situated at Gummaz Street, Kurnool Urban, Kurnool District. Due to political scenario, the local political leaders are trying to grab the petitioner’s shop and thereby issued show cause notice on 16.12.2024 framing charges. 3. The case of the petitioner is that the 2nd respondent has issued two simultaneous proceedings on 16.12.2024 i.e., i) suspension pending enquiry and ii) show cause notice calling for explanation. 4. When a show cause notice was issued calling upon the fair price shop dealer to submit his/her explanation, then the respondents should hold an enquiry and pass appropriate orders after hearing the fair price shop dealer. In the instant case, show cause notice was issued only for suspension pending enquiry and explanation was called for through other proceedings. Therefore, on that basis, further action for suspension of authorization could not have been taken without following the procedure established in law. 5. Since the show cause notice and impugned suspension proceedings were issued on the same day i.e., on 16.12.2024 and no enquiry was conducted by the respondents, this Court deems it appropriate to dispose of the writ petition by setting aside the impugned proceedings dated 16.12.2024 with a direction to the respondents to restore the authorization of the petitioner’s fair price shop, by leaving it open to the respondent authorities to proceed in accordance with law. 3 JS,J W.P.No.31278/2024 6. With the above observation, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. ___________________________ JUSTICE SUMATHI JAGADAM Date: 18.03.2025 KAS 4 JS,J W.P.No.31278/2024 267 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 31278/2024 Date: 18.03.2025 KAS