APHC010603872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NOs: 31162, 31168 and 31173 of 2025 WRIT PETITION No.31162 of 2025 Between: 1. MARELLA JAYAMMA, W/O RAMA SUBBANNA AGE 51 YEARS, OCC F.P. SHOP DEALER OF SHOP NO. 1334008, CHAPIREVULA VILLAGE NANDYAL MANDAL, NANDYAL DIST. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE COLLECTOR CS, NANDYAL DIST., AT NANDYAL. 3. THE REVENUE DIVISIONAL OFFICER, NANDYAL DIVISION, NANDYAL DIST. 4. THE TAHSILDAR, NANDYAL RURAL MANDAL, NANDYAL DIST ...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 Writ Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the 3rd respondent vide Rc.No.CS/2034/2025 dt 1-11-2025 suspending the petitioner's authorization in respect of FP Shop No. 1334008, Chapirevula Village, Nandyal Mandal, Nandyal Dist., without assigning any 2 VS,J W.P.Nos.31162, 31168 & 31173 of 2025 valid reasons and without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order, 2018 is illegal, arbitrary malafide and contrary to provisions of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018 apart from violation of the principles of natural justice and consequentially set aside the impugned order dt 1-11-2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual, 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 Suspend the impugned order passed by the 3rd respondent vide Rc.No.CS/2034/2025 dt: 1-11-2025 in respect of FP Shop No.1334008, Chapirevula Village, Nandyal Mandal, Nandyal Dist., by continuing the petitioner as dealer as usual, pending disposal of the writ petition. WRIT PETITION No.31168 of 2025 Between: 1. JANGITI OBULESU, S/O MADDILETI AGE- 54 YEARS, OCC- F.P. SHOP DEALER FOR SHOP NO.1337001, KOTAKONDA VILLAGE RUDRAVARAM MANDAL, NANDYAL DIST. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST, 2. THE COLLECTOR CS, NANDYAL DIST., AT NANDYAL. 3. THE REVENUE DIVISIONAL OFFICER, NANDYAL DIVISION, NANDYAL DIST. 4. THE TAHSILDAR, RUDRAVARAM MANDAL, NANDYAL DIST. ...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 3 VS,J W.P.Nos.31162, 31168 & 31173 of 2025 pleased topleased to issue Writ Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the 3rd respondent vide Rc.No.CS/2037/2025 dt 1-11-2025 suspending the petitioners authorization in respect of FP Shop No. 1337001, Kotakonda Village Rudravaram Mandal, Nandyal Dist., without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order, 2018 is illegal, arbitrary malafide and contrary to provisions of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018 apart from violation of the principles of natural justice and consequentially set aside the impugned order dt l-ll-2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual, 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 Suspend the impugned order passed by the 3rd respondent vide Rc.No.CS/2037/2025 dt:l-ll-2025 in respect of FP Shop No.1337001, Kotakonda Village Rudravaram Mandai, Nandyal Dist., by continuing the petitioner as dealer as usual, pending disposal of the writ petition. WRIT PETITION No.31173 of 2025 Between: 1. S JAGAN MOHAN REDDY, S/O JAYARAM REDDY AGE 50 YEARS, OCC F.P. SHOP DEALER FOR SHOP NO.1384115, NGO'S COLONY NANDYAL URBAN MANDAL, NANDYAL DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE COLLECTOR CS, NANDYAL DIST., AT NANDYAL. 3. THE REVENUE DIVISIONAL OFFICER, NANDYAL DIVISION, NANDYAL DIST. 4 VS,J W.P.Nos.31162, 31168 & 31173 of 2025 4. THETAHSILDAR, NANDYAL URBAN MANDAL, NANDYAL DIST. ...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 Writ Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the 3RD respondent dt 1-11-2025 suspending the petitioner'svide Rc.No.CS/2039/2025 authorization in respect of FP Shop No. 1384115, NGO's Colony, Nandyal Urban Mandal, Nandyal Dist., without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order, 2018 is illegal, arbitrary malafide and contrary to provisions of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018 apart from violation of the principles of natural justice and consequentially set aside the impugned order dt 1-11-2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual, 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 Suspend the impugned order passed by the 3rd respondent Rc.No.CS/2039/2025 dt: 1-11-2025 in respect of FP Shop No.1384115, NGO's Colony, Nandyal Urban Mandal, Nandyal Dist., by continuing the petitioner as dealer as usual, pending disposal of the writ petition. Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 5 VS,J W.P.Nos.31162, 31168 & 31173 of 2025 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION NOs: 31162, 31168 and 31173 of 2025 COMMON ORDER: The Writ Petition No.31162 of 2025 came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue Writ, Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the 3rd respondent vide Rc.No.CS/2034/2025 dt.1.11.2025 suspending the petitioner’s authorization in respect of FP Shop No.1334008, Chapirevula Village, Nandyal Mandal, Nandyal Dist., without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order, 2018 is illegal, arbitrary malafide and contrary to provisions of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018 apart from violation of the principles of natural justice and consequentially set aside the impugned order dt.1.11.2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual…” 2. The Writ Petition No.31168 of 2025 came to be filed under Article 226 of the Constitution of India seeking the following relief:- “… to issue Writ, Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the 3rd respondent vide Rc.No.CS/2037/2025 dt.1.11.2025 suspending the petitioner’s authorization in respect of FP Shop No.1337001, Kotakonda Village, Rudravaram Mandal, Nandyal Dist., without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order, 2018 is illegal, arbitrary malafide and contrary to provisions of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018 apart from violation of the principles of natural justice and consequentially set aside the impugned order dt.1.11.2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual…” 6 VS,J W.P.Nos.31162, 31168 & 31173 of 2025 3. The Writ Petition No.31173 of 2025 came to be filed under Article 226 of the Constitution of India seeking the following relief:- “… to issue Writ, Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the 3rd respondent dt.1.11.2025 suspending the petitioner’s vide Rc.No.CS/2039/2025 authorization in respect of FP Shop No.1384115, NGO’s Colony, Nandyal Urban Mandal, Nandyal Dist., without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order, 2018 is illegal, arbitrary, malafide and contrary to provisions of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018 apart from violation of the principles of natural justice and consequentially set aside the impugned order dt.1.11.2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual…” 4. As the issue involved in these petitions is one and the same and the impugned orders have been issued on the same date by the 3rd respondent, this Court is inclined to pass a common order. 5. The petitioners in all these three writ petitions were appointed as permanent Fair Price Shop dealers and their authorizations have been extended from time to time. Challenging the impugned orders dated 01.11.2025 issued by the 3rd respondent vide Rc.No.CS/2034/2025, Rc.No.CS/2037/2025 and Rc.No.CS/2039/2025 respectively, suspending the petitioners’ authorizations in respect of their Fair Price Shops without assigning any valid reasons and without following the procedure contemplated under the APSTPDS (Control) Order, 2018, the present writ petitions have been filed. 7 VS,J W.P.Nos.31162, 31168 & 31173 of 2025 6. Pursuant to the inspections conducted over the petitioners’ Fair Price Shops on 03.10.2025 and 09.10.2025, certain variations were allegedly identified and based on the report submitted by the 4th respondent on 04.10.2025, the 3rd respondent issued show cause notices on 10.10.2025 and 18.10.2025 calling upon the petitioners to submit their explanations within seven days as to why their authorizations should not be cancelled for the above lapses. For which, the petitioners submitted their explanations on 27.10.2025. 7. However, the grievance of the petitioners is that the 3rd respondent, without assigning any reasons with respect on the explanations submitted and without proper application of mind, merely referred to Clause 8(4) of the APSTPDS (Control) Order, 2018 and directed the Tahsildar i.e., the 4th respondent to make alternative arrangement for the distribution of essential commodities to the cardholders of the subject Fair Price Shops. 8. Heard learned counsel for the petitioners as well as learned Assistant Government Pleader for Civil Supplies appearing for respondents. 9. On a perusal of the impugned proceedings, it is evident that except referring to Clause 8(4) of the APSTPDS (Control) Order, 2018, the orders do not specify whether the 3rd respondent intended to suspend the petitioners’ authorizations or cancel the same. Admittedly, the 3rd respondent has exclusive power under Clause 8(4) of the APSTPDS (Control) Order, 2018, to either suspend or cancel the authorization, but the impugned proceedings do 8 VS,J W.P.Nos.31162, 31168 & 31173 of 2025 not specify as to whether the order is for suspending the petitioners’ authorization or cancelling the same. 10. For ready reference, Clause 8(4) of the APSTPDS (Control) Order, 2018 is extracted hereunder:- “Under clause (4) of the APSTPDS (Control) Order, 2018, The appointing authority may at any time in the public interest or on suomotu or on receipt of complaint after making such enquiry as may be deemed necessary and for reasons to be recorded in writing, suspend or cancel the authorization issued or deemed to be issued to him/her under this clause.” 11. In the light of the above, this Court is of the considered view that the impugned proceedings dated 01.11.2025 cannot be sustained, as the 3rd respondent has neither assigned any valid reasons nor followed the procedure contemplated under Clause 8(4) of the APSTPDS (Control) Order, 2018. The orders merely refer to Clause 8(4) without specifying whether the petitioners’ authorizations were intended to be suspended or cancelled and without indicating why the explanations submitted by the petitioners were not accepted. Therefore, the impugned orders are liable to be set aside and the matter is required to be remanded back to the 3rd respondent for passing fresh orders by duly considering the explanations submitted by the petitioners and by recording clear reasons in accordance with law. 9 VS,J W.P.Nos.31162, 31168 & 31173 of 2025 12. Accordingly, these Writ Petitions are allowed and the impugned proceedings dated 01.11.2025 issued by the 3rd respondent are set-aside and the matter is remanded back to the 3rd respondent for passing of fresh orders duly considering the explanation submitted by the petitioners by assigning the reasons as to why he has not convinced with the explanation submitted by the petitioners and pass an appropriate orders in accordance with law, as the disciplinary proceedings has not been finalized either by placing the petitioners authorization under suspension or cancel. 13 In view of the same, there shall be a direction to the 3rd respondent to supply the essential commodities to the petitioners pending finalization of the orders yet to be passed by the 3rd respondent. No order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :18.11.2025 JLV 10 VS,J W.P.Nos.31162, 31168 & 31173 of 2025 21 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NOs: 31162, 31168 and 31173 of 2025 Date :18.11.2025 JLV