APHC010577542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30162/2025 Between: 1. PALLEPOTHULA VENKATA SUBBA REDDY,, S/O P.SUBBAREDDY AGED ABOUT 46 YEARS, OCC. F.P. SHOP DEALER, R/O.D.NO.1- 42, TADIGOTIA VILLAGE, C.K.DINNE MANDAL, Y.S.R.DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, ANDHRA PRADESH 2. THE DISTRICT COLLECTOR, KADAPA Y.S.R.DISTRICT. 3. THE JOINT COLLECTOR, , KADAPA Y.S.R.DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, KADAPA REVENUE DIVISION KADAPA. Y.S.R DISTRICT. 5. THE TAHSILDAR, C.K.DINNE MANDAL Y.S.R.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 topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in RDOKDP-CVOSA/6/202 5- SA(C1)-RDO-KDP, dated 27.04.2025 issued by the respondent No.4 suspending Fair Price Shop authorization issued in my favour for Fair price shop No.1132011, Tadigotia Village, C.K.Dinne 2 VS,J W.P.No.30162 of 2025 Mandal, Y.S.R.District, as arbitrary, illegal, colorable exercise of power and contrary to the well established legal principles apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently setaside the same 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 respondent No.4 & 5 to restore the supply of essential commodities to the Fair price shop No. 1132011, Tadigotia Village, C.K.Dinne Mandal, Y.S.R.District, in my favour, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.30162 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 Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in RDOKDP- CVOSA/6/2025- SA(C1)-RDO-KDP, dated 27.04.2025 issued by respondent No.4 suspending Fair Price Shop authorization issued in favour of petitioner for Fair price shop No.1132011, Tadigotla Village, C.K.Dinne Mandal, Y.S.R.District, as arbitrary, illegal, colorable exercise of power and contrary to the well established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently set-aside the same ….” 2. The brief facts of the case are as follows: a) The petitioner was appointed as Fair Price Shop dealer of Shop No.1132011, Tadigotla Village, C.K.Dinne Mandal, Y.S.R. Kadapa District in the year 2012. Thereafter, the petitioner’s authorization has been extended from time to time. Since the date of his appointment, the petitioner has been supplying essential commodities to the cardholders without any complaint or remarks from any corner. b) On 09.04.2025, at about 04.40 p.m., the Inspector of Police, Vigilance & Enforcement Officer, along with the Mandal Revenue Inspector, Village Revenue Officer, Tadigotla and others inspected the petitioner’s Fair Price Shop, found certain variations and submitted a report to the Tahsildar/respondent No.5 on the same day. Basing on the said report, the 4th 4 VS,J W.P.No.30162 of 2025 respondent issued the impugned proceedings dated 27.04.2025, suspending the petitioner’s authorization pending enquiry without issuing any show-cause notice or calling for an explanation. Aggrieved thereby, the present writ petition is filed. 3. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 4. On 04.11.2025, this court directed the learned Assistant Government Pleader for Civil Supplies to obtain instruction as to whether any enquiry had been conducted pursuant to the suspension order dated 27.04.2025. Today, when the matter came up for hearing, the learned Assistant Government Pleader has produced the written instruction of the 4th respondent, wherein it is stated that no action has been initiated pursuant to the impugned suspension proceedings. But, however has stated that as an alternative arrangement, the shop has been handed over to the Village Revenue Officer pending the writ petition. 5. A perusal of the impugned proceedings, it can be observed that no show-cause notice was issued to the petitioner calling for an explanation by duly framing charges as against the petitioner, which is admittedly in violation of the principles of the natural justice. The 4th respondent, solely basing on the report submitted by the 5th respondent on 09.04.2025, has straightaway suspended the petitioner’s authorization and as well as directed the 5th 5 VS,J W.P.No.30162 of 2025 respondent to make alternate arrangements for uninterrupted distribution of essential commodities to the cardholders. 6. Accordingly, the Writ Petition is allowed. The impugned proceedings dated 27.04.2025 issued by the 4th respondent are hereby set-aside. In view thereof, as no disciplinary proceedings are pending against the petitioner, the respondents are directed to supply essential commodities to the petitioner for distribution to the cardholders. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date : 06.11.2025. KGR/CAB