IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI _ (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 31288 OF 2024 Between: Barri Eswaramma, W/o Late Laxmana Rao, Aged- 54 years, Occ: FP Shop Dealer, R/o. Kunduvanipeta Village, Srikakulam Rural Mandal Srikakulam District. ...Petitioner AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary to Government (Food, Civil Supplies and Consumer Affairs (CS-I) Department), Secretariat, Velagapudi, Amaravati, Guntur District. 2. Joint Collector (CS), Srikakulam District. 3. Revenue Divisional Officer, Srikakulam Division, Srikakulam District. 4. Tahsildar, Srikakulam Mandal, SrikakulamDistrict. ...Respondents 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in Rc.No. 1475/2024 CS dt. 26-12-2024 passed by the 3rd respondent thereby cancelled the authorization of the petitioner Fair Price Shop No.0119024 situated in Kunduvanipeta Village, Srikakulam Mandal, Srikakulam District, % without conducting enquiry, without considering petitioner explanation dt. 04-11-2024 and without recording reasons for cancellation of authorization, as illegal, arbitrary, violative of principles of natural justice and provisions of Andhra Pradesh State Targeted (Public Distribution System) Control Order, 2018 and offends Articles 14 and 21 of Constitution of India and consequently set aside the proceedings dt. 26-12-2024 and direct the respondents to continue me as Fair Price Shop Dealer for the said Fair price shop by supplying essential commodities every month for distribution to cardholders. > 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 to suspend the proceedings in Rc.No. 1475/2024 CS, dt. 26-12- 2024 passed by the 3rd respondent and consequently direct the respondents to continue the petitioner as Fair Price Shop Dealer for Shop No.0119024 situated in Kunduvanipeta Village, Srikakulam Mandal, Srikakulam District, by supplying essential commodities every month for distribution to cardholders, pending disposal of main Writ Petition. Counsel for the Petitioner: SRI. SRINIVAS AMBATI Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: % APHC010600262024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] WEDNESDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 31288/2024 Between: ...PETITIONER Barri Eswaramma AND ...RESPONDENT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.SRINIVAS AMBATI Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “...pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings in Rc.No.1475/2024 CS, dt. 26-12-2024 passed by the 3 respondent thereby cancelled the authorization of the petitioner’s Fair Price Shop No.0119024 situated in Kunduvanipeta Village, rd W.P.No.31288 of 2t>, Dt:08.01.202 2 Srikakulam Mandal, Srikakulam District without conducting enquiry without considering petitioner explanation dt. 04-11-2024 and without recording reasons for cancellation of authorization illegal, arbitrary, violative of principles of natural justice and provisions of Andhra Pradesh State Targeted (Public Distribution System) Control Order, 2018 and offends Articles 14 and 21 of Constitution of India and consequently set aside the proceedings dt.26-12-2024 and direct the respondents to continue me as Fair Price Shop Dealer for the said Fair price shop by supplying essential commodities every month for distribution to cardholders and to pass...” as The learned counsel for the petitioner submitted that the petitioner is a dealer of fair price shop bearing No.0119024 of Kunduvanipeta Village, Srikakulam Mandal, Srikakulam District. It was further submitted that the impugned order, vide Rc. No.1475/2024 CS, dated 26.12.2024, was passed without properly considering the petitioner’s explanation dated 04.11.2024 and without conducting the required inquiry. Instead, the explanation was treated as a mere proforma submission, despite the detailed explanation provided. Additionally, an observation was made in the impugned order stating that no material evidence was produced, despite the petitioner having submitted relevant documents along with the explanation. 02. 03. The learned counsel for the petitioner vehemently contended that the impugned order is contrary to law and warrants interference in this Writ petition. In this regard, the learned counsel further submitted that although the allegation is that the petitioner is operating the fair price shop through a 04. w i W.P.No.31288 of 2024 Dt:08.01.2025 a 3 benami, no inquiry was conducted involving the examination of witnesses, such as cardholders. Therefore, the so-called inquiry is inadequate and is not as per law. The learned Assistant Government Pleader for Civil Supplies placed on record the written instructions of the 3^*^ respondent vide Rc.No. 1475/2024 CS, . dated 30.12.2024, and contended that the proper procedure was followed in passing the order for the cancellation of the petitioner’s dealership in light of the alleged violations. 05. In reply, the learned counsel for the petitioner submitted that the observations made in the impugned order on both counts that no material was submitted along with the explanation dated 04.11.2024 and the assertion that the explanation is a proforma is incorrect and obviously is against the record. Therefore, the impugned order dated 26.12.2024, is liable to be set aside. 06. Perused the record. The following charges were made. 07. Charge 1: No authorized fair price shop dealer shall allow the person other than the family members distribution of scheduled commodities in his/her shop. If any person found distributing the scheduled commodities as Benami, the authorization of such shop shall liable for cancellation besides initiating action under Section 6A of the ECs Act, 1955 (Seizure of available commodities in the shop) and Section 7 of the ECs Act, 1955, the provision of Criminal Procedure code. Thus the respondent contravened the clause 12 (a) under State Targeted Public Distribution System (Control) Orders, 2018. Charge 2: The fair price shop dealer shall display the information under clause 12 sub clause n (1-9) on a notice board at a prominent place in the w W.P.No.31288 of Dt;08.01.202^^ 4 shop on daily basis. Thus the respondent contravened the clause 12 (n) (1-9) under State Targeted Public Distribution System (Control) Orders, 2018. It is seen from the record that the petitioner has placed the record to show that there was display of list of commodities which answers charge No.2. In so far as the charge No.1 is concerned, without examination of any witnesses, it is not possible to ascertain the correctness of the charge. The impugned order dated 26.12.2024 is not in accordance with the procedure required to be adopted to hold the enquiry to prove the charge. Sole explanation which is a mere denial of what is asserted in the charge is not sufficient to affirm the charge in a positive way. As such, since due procedure of conducting the enquiry has not been followed and the observations in the impugned order leading to the conclusion are also not in accordance with the record, the impugned order dated 26.12.2024 is liable to be set aside. 08. Accordingly, the Writ Petition is allowed by setting aside the impugned order vide Rc. No. 1475/2024 CS, dated 26.12.2024. 09. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. SD/- B.PRASAD RAO assistant registrar Section officer //TRUE COPY// To. 1. The Principal Secretary to Government (Food, Civil Suppliesand Consumer Affairs (CS-I) Department), State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Joint Collector (CS), Srikakulam District. 3. The Revenue Divisional Officer, Srikakulam Division, Srikakulam District. 4. The Tahsildar, Srikakulam Mandal, Srikakulam District. 5. One CC to Sri. Srinivas Ambati Advocate [OPUC] Two CCs to GP for Civil Supplies, High Court Of Andhra Pradesh. [OUT] 6. 7. Three CD Copies GSC HIGH COURT DATED:08/01/2025 ORDER WP.No.31288 of 2024 r 11 FEB 2025 ^ . Current aecuon ^ Oi O ALLOWING OF THE WP WITHOUT COSTS