IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 1425 OF 2025 I Between: U Sridevi, W/o Palugundia Krishnaiah, Age 43 Yrs, Occ; Fair Price Shop Dealer, (F.P.Shop No.0830022) and The Member of M/s Prudhulagiri SHG, Ankepalli(V), Marripudi(M), Prakasam Dist. Mahila ...PETITIONER AND 1. The Government of AP, Rep by its Principal Secretary (Consumer Affairs, Food and Civil Supplies), AP secretatariate, Velagapudi Guntur Dist. 2. The Joint District Collector, (CS),Ongole,Prakasam Dist. 3. The Revenue Divisional Officer, Markapuram,Prakasam 4. The Tahsildar, Konakala Mitta Mandal,Praksam Dist. 5. The Food Inspector, Podili, Prakasam Dist. Dist. ...RESPONDENTS Petition under Articie 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any appropriate order or direction to respondents declare the action of the 3rd respondent / RDO passing interim suspension Vide Proceedings No.Rc.E/628/2024 27.12.2024 is illegal arbitrary improper and without Dated any power or authority under violation of the Control Order 2018. lA NO: 1 OF 207^ Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the 3rd respondent / RDO passing interim suspension Vide Proceedings No. Rc.E/628/2024 Dated 27.12.2024 is any power or authority under violation writ petition. illegal arbitrary improper and without of the Control Order 2018 pending disposal of the above Counsel for the Petitioner: SRI GUNDALA SIVA PRASADA Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER REDDY APHC010027222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 1425/2025 Between: U Sridevi ...PETITIONER AND The Government Of Ap and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.GUNDALA SIVA PRASADA REDDY Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 2 BSB,J W.P.No.l425of2025 HON’BLE Ms. JUSTICE B.S.BHANUMATHI Writ Petition No. 1425 of 2025 ORDER: The Writ Petition is filed seeking the following prayer: “....to issue a writ of mandamus or any appropriate order or direction to respondents declare the action of the 3rd respondent/RDO passing interim suspension Vide Proceedings No.Rc.E/628/2024, Dated 27.12.2024 is illegal, arbitrary, improper and without any power or authority under violation of the Control Order 2018 and to pass such other order or orders ” The case of the petitioner is briefly as follows: 2. The petitioner is operating the fair price shop for the last three years without any complaints. On 04.11.2024, the respondents’ authorities inspected the petitioner's shop and asked the petitioner to show the stock and the EPOs machine for checking the physical stocks. Since the EPOs machine was not functioning on that day, the petitioner distributed the stock and entered the details into an offline record. However, the 5**^ respondent did not consider the offline record and obtained the petitioner's signature. Despite the petitioner submitting a representation to the 2nd respondent, no proceeding under section 6A of the Essential Commodities Act, 1955 has been issued till date. Now, the respondents are trying to hand over the fair price shop, along with the commodities and the tools, to a third party, without issuing or conducting enquiry as required under law. Hence, the writ petition. / 3 BSB, J W.P.No.1425 of 2025 Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents No.1 to 5. 2. The learned counsel for the petitioner submitted that although the variation in stock was marginally higher than the permissible limit, the impugned order had been passed temporarily suspending the petitioner's authorization without providing due opportunity. 3. The learned Assistant Government Pleader submitted that he had not received any written instructions, however, he contend that the variation in the stock was beyond the permissible limit and, therefore, the impugned order is sustainable in law, as the regular inquiry is to be held after the petitioner submits explanation. 4. 5. As can be seen from the record, the variation in stock is as follows: L L/B SI. Item received total issued P/B P/B variation No. 1 Rice 1080Kg 3500kg 4580kg 413kg 445kg 350kg -95kg 2 MDM 424Kg 424kg 424kg 424kg 300kg -124kg fortified rice \ 4 BSB, J W.P.No.1425 of 2025 In view of the contentions of the petitioner and as a regular enquiry is required regarding the alleged variation in stock, it is necessary to strike a balance between the interests of both parties. Hence, the writ petition is disposed of by setting aside the impugned proceedings No. Rc.E/628/2024, dated 27.12.2024, pending adjudication of the enquiry and directing the 3rd respondent to conduct the enquiry as expeditiously as possible according to law and dispose of the matter within a period of two (2) months from the date of receipt of a copy of this order. There shall be no order as to costs. 6. 7. Pending miscellaneous applications, if any, shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary (Consumer Affairs, Food and Civil Supplies), AP secretatariate, Velagapudi, Guntur Dist. 2. The Joint District Collector, (CS),Ongole,Prakasam Dist. 3. The Revenue Divisional Officer, Markapuram,Prakasam Dist. 4. The Tahsildar, Konakala Mitta Mandal,Praksam Dist. 5. The Food Inspector, Podili,Prakasam Dist. 6. One CC to Sri Gundala Siva Prasada Reddy Advocate [OPUC] 7. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies TF HIGH COURT DATED:27/01/2025 ORDER WP.No.1425 of 2025 % 19 FEB 2025 09 'IV ^ . Current Section ^ DISPOSING OF THE W.P., WITHOUT COSTS