IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 28852 OF 2024 Between: G Lokeswaramma, W/o G. Rama Chandrudu, Aged about 43 years, Occ. FP Shop Dealer, Shop. No. 1316025, R/o Alaganuru Village, Midthur Mandal, Kurnool Now Nandyal District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Consumer Affairs and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Revenue Divisional Officer, Atmakur Division, Kurnool Now Nandyal District. 3. The Tahsildar, Midthur Mandal, Kurnool Now Nandyal District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ of Mandamus may any other appropriate Writ or Order or direction declaring the action of the 2nd respondent in suspending the authorization of the petitioner fair price shop No. 1316025 situated Alaganuru Village, Midthur Mandal, Kurnool Now Nandyal District, Andhra Pradesh vide Rc. F/548/2024 dated 30.11.2024 is illegal, arbitrary and violation of principles of natural justice and consequently set aside the same . at lA NO: 1 OF 2024 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 suspend the orders passed by the 2nd respondent vide Rc. F/548/2024 dated 30.11.2024 disposal of the above Writ Petition. Counsel for the Petitioner: SRI. K SRINIVAS Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following Order: APHC010553682024 yHE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) [3459] MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION No.28852 OF 2024 Between: Petitioner Smt. G. Lokeswaramma and The State of A.P., Rep. by its Principal Secretary, Consumer Affairs & Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District and 2 others Respondents Sri K. Srinivas Counsel for the petitioner Counsel for the respondents G.P for Civil Supplies The Court made the following ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief; “ to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the 2"^ respondent in suspending the authorization of the petitioner fair price shop No. 1316025 situated at Alaganuru Village, Midthur Mandal, Kurnool now Nandyal District, Andhra Pradesh vide Rc.F/548/2024 dated 30.11.2024 is illegal, arbitrary and violation 2 ' ^ JS,J WP No.28852/2024 Of principles of natural justice and consequently set aside the same and pass ” 2. The case of the petitioner, in brief, is that the petitioner is the Dealer of Fair Price Shop No. 1316025 Midthur Mandal, Nandyal (Kurnool) District. On the the 3''^ respondent, a show-cause notice, dated 29.10.2024 situated at Alaganuru Village, report submitted by was issued to the petitioner. The petitioner has submitted 06.11.2024. The respondent authorities. her explanation on without referring to the explanation submitted by the petitioner, have suspended the authorization of the petitioner’s fair price shop. 3. Learned counsel for the petitioner submits that the explanation submitted by the petitioner was acknowledged by the respondents. The respondents, without adhering to the principles of natural justice, have issued the impugned proceedings, suspending the authorization petitioner’s fair price shop which is contrary to the judgment passed in C. Durga Srinivasa Rao v. State of Andhra Pradesh and Others^ and the relevant portion is extracted hereunder; of the 12. Principles of natural Justice require no person to be condemned without providing a fair and reasonable opportunity to such a person to defend himself adequately and properly. As a part of this concept, one is required to apply one’s mind to the defense setup. Non-application of mind is also the worst visible form of abuse or misuse of power. Adherence to principles of natural Justice not only tempers the ultimate order with Justice but 2016(6) ALD359 3 JS,J WP No.28852/2024 also, adds transparency and gloss to the final order. Natural justice is the name of those principles which constitute the minimum requirement of justice and without adherence to which, justice would be a travesty. Justice ought to be administered in a way which leaves the least doubt to the prying nature of man and which convinces him that justice is being done because it has appeared to him to have been done. Natural justice is, in substance, the procedural side of justice. It is an obligation of the Tribunal sitting to decide a case rather than a right of the party to be represented. An orderly procedure is the morale of laws. Natural justice enters into the essence of legal justice because the laws are promulgated to apply to definite persons or things and the orderly manner In which they are to apply, is a prerequisite of their utility. ” Be that as it may, the learned counsel for the petitioner submits 5. rd that the petitioner is ready to submit fresh explanation to the 3 respondent, within one (1) week from the date of receipt of a copy of this order and the respondent authorities may be directed to consider the same and pass appropriate orders thereon. Learned Government pleader reports no objection to accede to the 6. request of learned counsel for the petitioner. 7. Hence, without going into the merits of the case, the Writ Petition is disposed of directing the petitioner to submit her explanation, afresh, to the show-cause notice, dated 29.10.2024, within one (1) week from the date of receipt of a copy of this order. Thereafter, the respondent authorities shall consider and pass appropriate orders within one (1) month by duly giving an opportunity of hearing to the petitioner. There shall be no order as to costs. 4 JS,J WP NO.28852/2024 As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR f ^ SECTION OFFICER //TRUE COPY// To, The Principal Secretary, Consumer Affairs and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 1. 2. The Revenue Divisional Officer, Atmakur Division, Kurnool Now Nandyal District. 3. The Tahsildar, Midthur Mandal, Kurnool Now Nandyal District. One CC to Sri. K Srinivas, Advocate [OPUC] 4. Two CCs to GP for Civil Supplies ,High Court Of Andhra Pradesh. [OUT] 5. 6. Three CD Copies vna ■ § HIGH COURT DATED;07/04/2025 ORDER WP.No.28852 of 2024 I" 13mm f. Currant faction .'V DISPOSING OF THE WRIT PETITION WITHOUT COSTS