IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 31570 OF 2024 Between; Uppalapati Nasaraiah, S/o. Achaiah, Aged about 52 years, F.P. No. 0806008, Thokapalli Village, Peddaraveedu Mandal Prakasam District ...PETITIONER AND 1. The State of A.P., rep. By its Principal Secretary, Civil Supplies (CS) Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Collector (Civil Supplies), Ongole, Prakasam District. 3. The Sub Collector, Markapur Division, Prakasam District. . 4. The Tahsildar, Pedaraveedu Mandal, Prakasam District. 5. The Mandal Revenue Inspector, Peddaraveedu Mandal, Prakasam 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 may be pleased to issue an appropriate writ order or direction more one in the nature of Writ of Mandamus or any other appropriate writ order or direction declaring the action of the 3 Rc.C/885/2024 dated 26-12-20224 rd Respondent vide proceedings in suspending the petitioners authorization in respect of FP Shop No.0806008 Thokapalli Village, Peddaraveedu Mandal, Markapur Division, Prakasam District without assigning any valid reasons and without following the procedure as contemplated under A.P.State Targeted Public Distribution System (Control) order 2018, besides offending Article 14 and 19 of Constitution of / Indian and consequentially set aside the proceedings in Rc.C/885/2024 .d^ted 26- 12-20224 and further direct the respondents to continue the ^ petition eras F.P.Shop Dealer. ‘ > * 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 Fligh Court may be pleased to direct the respondents herein to continue the petitioner as F.P. Shop No. 0806008 dealer of Thokapalli Village, Peddaraveedu Mandal, Prakasam District by Suspending the 3 Rc.C/885/2024, dated 26-12-2024, pending disposal of the above Writ Petition. respondent proceedings in Counsel for the Petitioner: SMT. KOPPARTHI SUMATHI Counsel for the Respondent Nos.1 to 5: GP FOR CIVIL SUPPLIES The Court made the following: ORDER 1 % BSB, J W.P.No.31570 of 2024 APHC010601172024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 31570/2024 Between: ...PETITIONER Uppalapati Nasaraiah AND ...RESPONDENT(S) The State of AP and Others Counsel for the Petitioner: 1.KOPPARTHI SUMATHl Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 2 BS3, J W.P.No.31570 of 2024 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “..to issue an appropriate writ order or direction more particularly in the nature of Writ of Mandamus or any other appropriate writ order or direction declaring the action of the respondent vide proceedings in Rc.C/885/2024 dated 26- 12-2024 suspending the petitioner’s authorization in respect of FP Shop No.0806008, Thokapalli village, Peddaraveedu Mandal, Markapur Division, Prakasam District without assigning any valid reasons and without following the procedure as contemplated under A.P. State Targeted Public Distribution System (Control) Order, 2018, besides offending Article 14 and 19 of Constitution of India and consequentially set aside the proceedings in Rc.C/885/2024 dated 26-12-2024 and further direct the respondents to continue the petitioneras F.P shop dealer and pass such order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” Heard Ms. Kopparthi Sumathi, learned counsel for the petitioner 2. and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 3 BSB,J W.P.No.31570 of 2024 3. The case of the petitioner, in brief, is as follows; The petitioner was appointed as a fair price shop dealer of Thokapalli village, Peddaraveedu mandal, Markapur Division Prakasam district and he has been discharging his duties for the last 35 years without any complaint from any corner. While so, on 04.11.2024, at the instance of the political leaders, the 5‘^ respondent inspected the shop of the petitioner and without considering the explanation of the petitioner and without verification of the records, submitted report to the 3'^^ respondent. On the basis of the report, the 3 show cause notice to the petitioner respondent issued a vide Rc.C/885/2024, dated 13.11.2024, framing charge against the petitioner explanation. The petitioner submitted and calling for his a detailed explanation on 21.11.2024. The 3'"^ respondent/Sub Collector considering the explanation submitted by the petitioner affording an opportunity of hearing to the petitioner, 26.12.2024 suspending the authorization/dealership of the petitioner. Markapur, without and without passed orders on 4. The learned counsel for the petitioner authorities had not visited the other place of the petitioner where the stock wa^ kept, and therefore, in spite of availability of the stock, deficiency in the stock was shown in the mediatornama, which lead to passing the order suspending the authorization of the petitioner. submitted that the % 4 n% BSB, J W.P.No.31570 of 2024 >* The learned Assistant Government Pleader placed on record the 5. written instructions, dated 18.01.2025, of the Sub Collector, Markapur, and submitted that there was no authorization to the petitioner to keep the stock elsewhere and it is only a story developed to fill up the lacunae. He further submitted that the variation in the stock is huge, i.e., 2648 kgs., and it is not a case fit to interfere with the impugned order. 6. Perused the record. 7. In view of the contentions of both sides, without going into the merit, the Writ Petition is disposed of directing the concerned authority to complete the enquiry within one (1) month from the date of receipt of a copy of this order. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall^tand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRY //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Civil Supplies (CS) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Collector (Civil Supplies), Ongole, Prakasam District. 3. The Sub Collector, Markapur Division, Prakasam District. . 4. The Tahsildar, Pedaraveedu Mandal, Prakasam District. 5. The Mandal Revenue Inspector, Peddaraveedu Mandal, Prakasam District 6. One CC to Smt. Kopparthi Sumathi, Advocate [OPUC] 7. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. ssb 4S. HIGH COURT DATED:20/01/2025 ANO/yJ^ o\\ 0 FEB 2025 Current Section ^ ' ORDER WP.No.31570 of 2024 ml! r o DISPOSING OF THE W.P. WITHOUT COSTS