APHC010184132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9412/2025 Between: 1. NUNE RAJESWARI, D/O. KATTA VENKAIAH, AGED 38 YEARS, OCC FP SHOP DEALER, R/O. CHAKICHERLA VILLAGE, ULAVAPADU MANDAL, NELLORE DISTRICT (ERSTWHILE PRAKASAM DISTRICT). ...PETITIONER AND 1. THE 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, KANDUKUR DIVISION, KANDUKUR, NELLORE DISTRICT (ERSTWHILE PRAKASAM DISTRICT). 4. TAHSILDAR, ULAVAPADU MANDAL, NELLORE DISTRICT (ERSTWHILE PRAKASAM DISTRICT). 5. DEPUTY TAHSILDAR CS, KANDUKUR, NELLORE DISTRICT (ERSTWHILE 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 2 VS,J W.P.No.9412 of 2025 pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings in Rc.F/97/2025, dt. 01.04.2025 passed by the respondent thereby terminated the petitioner as Fair Price Shop Dealer for the FP Shop No.0855018 situated in Chakicherla Village, Ulavapadu Mandal, Nellore District (Erstwhile Prakasam District), without conducting enquiry. without furnishing the report dt. 18.03.2025 of the 5th respondent and without recording reasons, 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. 01.04.2025 and direct the respondents to continue the petitioner as Fair Price Shop Dealer for the said Fair price shop by supplying essential commodities every month for distribution to cardholders and to such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case. 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 to suspend the proceedings in Rc.F/97/2025, dt. 01.04.2025 passed by the 3rd respondent and consequently direct the respondents to continue the petitioner as Fair Price Shop Dealer for Shop No.0855018 situated in Chakicherla Village, Ulavapadu Mandal, Nellore District (Erstwhile Prakasam District), by supplying essential commodities every month for distribution to cardholders, pending disposal of main Writ Petition and pass Counsel for the Petitioner: 1. PANGULURU RACHANA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.9412 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings in Rc.F/97/2025, dated 01.04.2025 passed by the 3rd respondent thereby terminated the petitioner as Fair Price Shop Dealer for the FP Shop No.0855018 situated in Chakicherla Village, Ulavapadu Mandal, Nellore District (Erstwhile Prakasam District), without conducting enquiry, without furnishing the report dated 18.03.2025 of the 5th respondent and without recording reasons, 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 dated 01.04.2025 and direct the respondents to continue the petitioner as Fair Price Shop Dealer for the said Fair price shop by supplying essential commodities every month for distribution to cardholders….” 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 3. When the writ petition came up for admission on 10.04.2025, this Court passed the following interim order: “Learned counsel for the petitioner submits that on the report submitted by the 5th respondent/Deputy Tahsildar, a show-cause notice was issued on 20.03.2025 framing single charge i.e., shortage of 650 kgs of PDS rice and further, the petitioner was directed to appear on 28.03.2025. Learned counsel for the petitioner further submits that the petitioner has not submitted explanation to the respondents but physically appeared before the 3rd respondent/Revenue Divisional Officer. The 3rd respondent, without furnishing report of the 5th respondent has considered the 4 VS,J W.P.No.9412 of 2025 oral submission made by the petitioner and issued the impugned proceedings of cancellation. Learned counsel places reliance upon the orders passed in M.Kalyani V. District Collector, Prakasam District, Ongole and Others (2006 (5) ALD (DB)) and B.Manjula vs. District Collector (2015 (3) ALD 617). From the above orders, it is clear that the 3rd respondent has not given any opportunity of personal hearing to the petitioner and further the Deputy Tahsildar has not furnished the report, basing on which the impugned proceedings are issued. Since there is violation of principles of natural justice and by taking into consideration of the decisions cited supra, there shall be interim suspension of the impugned proceedings, dated 01.04.2025.” 4. Today, when the matter came up for hearing, learned counsel for the petitioner has stated that, in pursuance of the interim order granted by this Court on 10.04.2025, the petitioner’s authorization was restored and he continued to run the said Fair Price Shop. 5. In view of the same, no further cause survives in the present writ petition. 6. Accordingly, the Writ Petition is closed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 31.10.2025 KGR