APHC010695112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY,THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 35888/2025 Between: 1. KATTULA APPA RAO, S/O LATE SRI MUSALAIAH, AGE 67 YEARS, OCC DEALER OF FP SHOP NO. 17, RIO DOOR NO. 9-46, MACHAVARAM - 533 261, RAYAVARAM MANDAL, DR.B.R.A.KONASEEMA DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS EX-OFFICIO SECRETARY-CUM- COMMISSIONER OF CIVIL SUPPLIES, CONSUMER AFFAIRS, FOOD CIVIL SUPPLIES DEPARTMENT, MILE RAI, JAIN COLONY, GOLLAPUDI - 521 225, VIJAYAWADA, KRISHNA DISTRICT. 2. 2. THE COLLECTOR CIVIL SUPPLIES, DR.B.R.A.KONASEEMA DISTRICT AT AMALAPURAM - 533 201. 3. 3. THE REVENUE DIVISIONAL OFFICER, RAMACHANDRAPURAM - 533 255, DR.B.R.A.KONASEEMA DISTRICT. 4. 4. THE TAHSILDAR, RAYAVARAM - 533 346, DR.B.R.A.KONASEEMA 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 toleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings of the 3rd 2 VS,J W.P.No.35888 of 2025 Respondent bearing Ref/B4/359/2024, Dated 04-04-2024, whereby and where under the authorization of the petitioner's Fair Price Shop bearing No. 17 of Machavaram Village, Rayavaram Mandal, Dr.B.R.A.Konaseema District is suspended and continuing the petitioner's authorization under suspension from then onwards as illegal, arbitrary and without jurisdiction and consequently direct the 3rd Respondent to issue necessary orders restoring the authorisation of the petitioner's Fair Price Shop bearing No. 17 of Machavaram Village, Rayavaram Mandal, Dr.B.R.A.Konaseema District forthwith 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 suspend the operation of the proceedings of the 3rd Respondent bearing Ref/B4/359/2024, Dated 04-04-2024 by restoring the authorization of the petitioner's Fair Price Shop bearing No. 17 of Machavaram Village, Rayavaram Mandal, Dr.B.R.A.Konaseema District, pending disposal of the present Writ Petition and pass Counsel for the Petitioner: 1. N SIVA REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.35888 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 of the 3rd Respondent bearing Ref/B4/359/2024, Dated 04-04-2024, whereby and where under the authorization of the petitioner's Fair Price Shop bearing No. 17 of Machavaram Village, Rayavaram Mandal, Dr.B.R.A.Konaseema District is suspended and continuing the petitioner's authorization under suspension from then onwards as illegal, arbitrary and without jurisdiction and consequently direct the 3rd Respondent to issue necessary orders restoring the authorisation of the petitioner's Fair Price Shop bearing No. 17 of Machavaram Village, Rayavaram Mandal, Dr.B.R.A.Konaseema District forthwith and pass….” 2. The petitioner herein was appointed as a fair price shop dealer of shop No.17 of Machavaram village, Rayavaram mandal, Dr. B.R. Ambedkar Konaseema district in the year 1984 and ever since, the petitioner has been distributing essential commodities to the cardholders without there being any complaint from whomsoever concerned. 3. While the matter stood thus, the Returning officer, 48-Mandapeta AC submitted a report to the 3rd respondent dated 03.04.2024, stating that the petitioner, along with his wife who is Sarpanch of Machavaram gram panchayat, participated in a political meeting in Sivalayam of Machavaram village on 30.03.2024. It is further stated in the report that a complaint was 4 VS,J W.P.No.35888 of 2025 filed against the petitioner in Rayavaram Police station. Basing on the said report dated 03.04.2024, the 3rd respondent came to a conclusion that the petitioner has violated certain guidelines stipulated in the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 and thus, suspended the authorization of the petitioner vide impugned proceedings dated 04.04.2024. Aggrieved by the same, this writ petition is filed. 4. Heard Sri. N. Siva Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 5. Perused the entire material available on record. It can be seen from the impugned proceedings dated 04.04.2024, that solely relying upon the report submitted by the Returning officer, 48-Mandapeta AC, the 3rd respondent suspended the authorization of the petitioner. It is alleged that the petitioner, along with his wife who is a Sarpanch, has participated in a political meeting on 30.03.2024. The 3rd respondent, upon receipt of such information, ought to have issued a show cause notice to the petitioner calling for his explanation and should have conducted a detailed enquiry into the said allegation. Without doing so, the 3rd respondent has straightaway suspended the petitioner’s authorization which is clearly in violation of principles of natural justice. Even otherwise, mere participation in a political meeting has got nothing to do with the duties to be performed by a fair price shop dealer. 5 VS,J W.P.No.35888 of 2025 6. In view of the foregoing discussion, this writ petition is allowed and the impugned proceedings dated 04.04.2024 are hereby suspended. It is needless to state that the respondent authorities are directed to continue the petitioner as a fair price shop dealer of shop No.17 of Machavaram village, Rayavaram mandal, Dr. B.R. Ambedkar Konaseema district until he is found default of his duties. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. ____________________ JUSTICE V.SUJATHA 06.01.2026 Gss