APHC010582262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30246/2025 Between: 1. SMT. KOVELAKUNTIA SAYAMMMA, W/O. NARASIMHA RAO, AGED ABOUT 52 YEARS, H. NO. 6-65-2, F.P. SHOP. NO. 0812009, KHAMBALAPADU VILLAGE, PODILI 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 REVENUE DIVISIONAL OFFICER, KANIGIRI, PRAKASAM DISTRICT. 4. THE TAHSILDAR, PODILI MANDAL, PRAKASAM DISTRICT. 5. ENFORCEMENT DEPUTY TAHSILDAR CS, PODILI MANDAL, PRAKASAM 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 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 2 VS,J W.P.No.30246 of 2025 the action of the 3rd Respondent vide proceedings in Rc.E/849/2025 dated 09-09-2025 suspending the petitioners authorization in respect of FP Shop No. 0812009 Khambalapadu Village, Kanigiri Division, Podili Mandal and 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 direct the respondents to allot the stocks for distribution to the card holders by suspending the order issued by the 3rd respondent vide proceedings in Rc.E/849/2025 dated 09-09-2025 suspending the petitioners authorization in respect of FP Shop No. 0812009 Khambalapadu Village, Kanigiri Division, Podili Mandal and Prakasam District 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 direct the respondents to allot the stocks for distribution to the card holders by suspending the order issued by the 3rd respondent vide proceedings in Rc.E/849/2025 dated 09-09-2025 suspending the petitioner’s authorization in respect of FP Shop No. 0812009 Khambalapadu Village, Kanigiri Division, Podili Mandal and Prakasam District pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. KOPPARTHI SUMATHI Counsel for the Respondent(S): 1. KOPPARTHI SUMATHI Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.30246 of 2025 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….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 3rd Respondent vide proceedings in Rc.E/849/2025 dated 09-09-2025 suspending the petitioner’s authorization in respect of FP Shop No.0812009 Khambalapadu Village, Kanigiri Division, Podili Mandal and 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 direct the respondents to allot the stocks for distribution to the card holders by suspending the order issued by the 3rd respondent vide proceedings in Rc.E/849/2025 dated 09-09-2025 suspending the petitioner’s authorization in respect of FP Shop No.0812009 Khambalapadu Village, Kanigiri Division, Podili Mandal and Prakasam District ….” 2. The brief facts of the case are as follows: a) The petitioner was appointed as a temporary Fair Price Shop dealer vide proceedings Rc.DT/660/2019 dated 30.01.2020. Since the date of her appointment, the petitioner has been discharging her duties as a Fair Price Shop dealer without there being any complaint from any quarter. b) While so, on 03.09.2025, at about 10.00 a.m., on receipt of credible information that the petitioner was not distributing essential commodities properly, the 5th respondent at the instance of local political leaders, inspected 4 VS,J W.P.No.30246 of 2025 the petitioner’s shop and noticed certain variations. Basing on the said inspection, the 5th respondent submitted a report dated 04.09.2025 to the 3rd respondent. Thereafter, the 3rd respondent passed the impugned proceedings dated 09.09.2025, placing the petitioner’s authorization under suspended pending enquiry. c) It is further submitted that after issuing the suspension order dated 09.09.2025, the 3rd respondent curiously issued a show-cause notice dated 03.10.2025 framing two charges calling upon the petitioner to submit an explanation within a period of seven (7) days and to appear for a personal hearing on 10.10.2025 at 4.00 p.m. Hence, the writ petition is filed. 3. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 4. On perusal of the impugned proceedings of the 3rd respondent dated 09.09.2025, it appears that the petitioner’s authorization was placed under suspension pending enquiry solely basing on the inspection report dated 04.09.2025 submitted by the 5th respondent/Enforcement Deputy Tahsildar, Podili even without issuing any prior show-cause notice or affording an opportunity of explanation to the petitioner. Subsequently, it appears that the 3rd respondent, recognizing the said lapse, issued a show-cause notice on 03.10.2025 framing two charges and calling for an explanation within seven (7) days from the date of receipt of a copy of the said notice. But, however, the 5 VS,J W.P.No.30246 of 2025 said show- cause notice refers to the very same proceedings dated 09.09.2025, which is admittedly in violation of the principles of natural justice. 5. In view of the above, the Writ Petition is allowed by setting aside the impugned proceedings dated 09.09.2025 placing the petitioner’s authorization under suspension pending enquiry. However, as the 3rd respondent has already issued a show-cause notice dated 03.10.2025, the petitioner shall be at liberty to submit a fresh explanation within ten (10) days from the date of receipt of a copy of this order. The said explanation shall be treated as an explanation in response to the proposal of suspension only, and upon receipt of the same, the 3rd respondent shall consider and pass appropriate orders, in accordance with law. Since no disciplinary proceedings have been finalized against the petitioner and as there is neither any valid suspension nor cancellation of authorization as on date, the respondents are directed to supply essential commodities to the petitioner for distribution till disciplinary proceedings are concluded in accordance with law. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :04.11.2025. KGR