IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 1522 OF 2025 Between; Avula Mareppa, Dealer of F.P. Shop No. 1302022 S/o. Basappa, aged.41 years, R/o.Kolmanpeta Village, Kosigi Mandal, Kurnool District, AP. ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Civil Supplies, Secretariat, Amarawathi, Velagapudi, AP. 2. The District Collector, Kurnool, Kurnool District, AP. 3. The Sub-Collector R D O, Adohi, Kurnool, Kurnool District, AP. 4. The Tahsildar, Kosgi Mandal, Kurnool District, AP. 5. The Revenue Inspection, Kosigi Mandal, Kurnool District, AP. ...RESPONDENTS Petition under Article 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 an order or direction more particularly one in the nature of writ of Mandamus declaring the action of the suspending the authorization of the FP shop of the Petitioner vide Rc.(M).1214/2024, Dt.31-12-2024 and the action of the R-5 in seizing the stock from F.P.Shop No. 1302022 of Kolmanpeta village of Kosigi Mandal, Kurnool Dist, is liable to be set aside as unjust and illegal, contrary to well established principles of law, without jurisdiction, violative of principles of R-3 in proc in |S45 natural justice, violative of Art 14,16 and 21 of the Constitution of India, violative of the provisions of Civil Supplies Act, and by consequently direct the Respondents herein to allot the stock for the month of Jan, 2025, and continuously forthwith. lA NO: 1 OF 2025 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 direct the respondents herein to allot the stock for the month of Jan, 2025 and continuously to the F.P.Shop No.1302022 of Kolmanpeta village of Kosigi Mandal, Kurnool Dist, forthwith, by suspending the Proc in Rc.(M).1214/2024, Dt.31-12-2024 pending Disposal of this W.P. Counsel for the Petitioner: SRI S M SUBHAN Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER APHC010027982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] MONDAY,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTYFIVE PRESENT THE HON’BLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 1522/2025 Between: Avula Mareppa ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SMSUBHAN Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: .. to issue an order or direction more particularly one in the nature of writ of Mandamus declaring the action of the R3 in suspending the authorization of the F.P shop of the Petitioner vide proceedings in Rc.(M). 1214/2024 Dt.31.12.2024 and the action of the R5 in seizing the stock from F.P Shop No. 1302022 of Kolmanpeta village of Kosigi Mandat, Kurnool Dist is liable to be set aside unjust and illegal contrary to well established principles of law without Jurisdiction violative of principles of natural justice, consequently direct the Respondents as 2 JS.J W.P No. 1522/2025 herein to allot the stock for the month of January 2025 and continuously forthwith and to pass such....” 2. Heard The petitioner has been a fair-price shop dealer in Kolmanpeta village since 2008. When the 5*^ respondent seized the shop of the petitioner without issuing any notice, the petitioner filed W.P.No.30653 of 2024 which was 3. disposed of vide order dated 06.01.2025 directing the respondents to release the commodities. While the matter stood, on 08.01.2025, the Sub-Collector of Adoni issued a show-cause notice and, without providing time for explanation. suspended the authorization of the petitioner’s shop vide proceedings in Rc.(M).1214/2024, dated 31.12.2024, alleging that some of the stock was unavailable with him. Learned counsel for the petitioner argues that the impugned 4. suspension notice was issued without an enquiry as required under Clause 8(4) of the Control Order 2018 and the CCS Memos issued by the civil supplies department. Furthermore, it is noted that both the suspension order and the show cause notice were issued on the same day, i.e., 08.01.2025. The petitioner submitted his explanation on 10.01.2025 and requested the release of the stock based on the orders from W.P.No. 30653 of 2024. Since there was no response from the respondents, the present writ petition has been filed. 3 ^ JS,J W.P No. 1522/2025 The learned Assistant Government Pleader for Civil Supplies 5. representing th6 respondents has provided their instructions, reiterating the arguments outlined in the show cause notice. They further assert that, without submitting an explanation, the petitioner has approached this court and requested the dismissal of the writ petition. The counsel for the petitioner contends that the Revenue Inspector 6. Sriramulu and Village Revenue Officer Srinivas in collusion with the TOP leaders are forcibly taking away the stock since June, 2024. Without even conducting a proper enquiry into the explanation, the impugned proceedings dated 31.12.2024, which were issued with an ante date suspending the petitioner’s shop authorization, are illegal. The petitioner in his explanation has raised a specific allegation against the revenue officials stating that the appointing authority should have conducted an independent inquiry into the report submitted by the Tahsildar. In the absence of a proper enquiry. suspension of the petitioner’s shop authorization violates the principles of natural justice and thus the writ petition is liable to be allowed in accordance with the judgment of this Court in A. Neelima v. The Joint Collector, Kurnool and others\ In similar circumstances, this Court in A. Neelima v. The Joint 7. Collector, Kurnool and others, is held at para Nos. 10 and 11 as follows; In the light of the above dicta, it must therefore be held that pending the enquiry, the orders of suspension which the appointing “10. 1995 see OnLine AP 695 4 JS,J A W.P No. 1522/2025 authority is empowered to pass cannot be passed in a routine way a matter of course. The appointing authority (Revenue Divisional Officer) is bound to exercise the discretion reasonably, bonafide and without negligence considering the circumstances of the case where such suspension pending enquiry is necessary. or as in the light of this principle as enunciated by the learned Judge, it has to be held that if the Revenue Divisional Officer who is the appointing authority does not conduct an independent enquiry into the facts and merely relies upon the report based on an enquiry held behind the back of the fair price shop dealer by the Mandal Revenue Officer or the Vigilance Cell authorities, then unless a copy thereof has been furnished to the fair price shop dealer, the enquiry would stand vitiated on the principles of violation of natural justice. The principle would be applicable to cases of enquiry into the cancellation of the authorization and would not ipso facto apply to orders or proceedings issued in relation to suspension pending the enquiry.” 19. Accordingly, the Writ Petition is disposed of by setting aside the proceedings issued by the 3'^^ respondent vide RC.(M).1214/2024, dated 31.12.2024, with a direction to the respondents to supply the essential commodities to the petitioner and to follow due procedure by providing ample opportunity of hearing to the petitioner and to pass appropriate order, as contemplated under law, within one (01) month from the date of receipt of a copy of this order. Till then, the respondents are directed not to take 8. coercive steps against the petitioner. No order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SEC ON OFFICER To, ^' VefagrpudfAP Supplies, Secretariat, Amarawathi 2. The District Collector, Kurnool, Kurnool District, AP. The Sub-Collector R D O, Adoni, Kurnool, Kurnool District, AP. The Tahsildar, Kosgi Mandal, Kurnool District, AP. The Revenue Inspection, Kosigi Mandal, Kurnool District, AP. One CC to Sri S M Subhan Advocate [OPUC] Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] Three CD Copies 3. 4. 5. 6. 7. 8. TF HIGH COURT DATED:03/03/2025 ORDER WP.No.1522of2025 #' g 01 APR 2125 Current Seetion ^ ^ ^ , v>r DISPOSING OF THE W.P., WITHOUT COSTS