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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM / WRIT PETITION NO: 9146 OF 2025 Between: Varadabandi Narsa Reddy, S/o. Venkatasubba Reddy, age 65 years Marlapudi Village, Sydapuram Mandal, Nellore, SPSR Nellore District. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Consumer Affairs Food and Civil Supplies, Secretariat, Amaravathi.
2. The District Collector, Nellore, SPSR Nellore District. .
3. The Joint Collector, Nellore, SPSR Nellore District.
4. The Revenue Divisional Officer, Nellore, SPSR Nellore District.
5. The Tahsildar, Sydapuram, Sydapuram Mandal, SPSR Nellore 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 may be pleased to issue an appropriate writ, order or direction more particularly
one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing the proceedings Rc.A.410/2025 dated 29.03.2025 by suspending the authorization of the petitioner as fair price shop dealer of Shop No. 0933019 of Marlapudi Village, Sydapuram Mandal, SPSR Nellore District without there being any valid reason, without providing the petitioner’s to submit explanation and without providing a personal hearing as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(1)(g) of the Constitution of India and contrary to the Essential Commodities Act and also violative of Andhra Pradesh State Targeted Public Distribution System (Control)
Order 2018 consequently set aside the same by directing the respondents to continue the petitioner to hold Shop No. 0933019 of Marlapudi Village, Sydapuram Mandal, SPSR Nellore District. and lA 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 direct the respondents to continue the petitioner as F.P. shop Dealer and to supply essential commodities to the petitioner's fair Shop No. 0933019 of Marlapudi Village, Sydapuram Mandal, SPSR Nellore District by suspending the proceedings of the 4th respondent in Rc.A. 410/2025 dated 29.03.2025, pending disposal of the writ petition. Counsel for the Petitioner: Smt. MARELLA RADHA ^ Counsel for the Respondents; GP FOR CIVIL SUPPLIES The Court made the following Order:
' APHC010177652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE [3459] PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 9146/2025 Between: Varadabandi Narsa Reddy ...PETITIONER AND The State of AP and others Counsel for the Petitioner: 1.MARELLARADHA Counsel for the Respondent(S):
1.GP FOR CIVIL SUPPLIES ...RESPONDENT(S) 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 appropriate writ,
order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in issuing the proceedings Rc.A.410/2025 dated 29.03.2025 by suspending the authorization of the petitioner as fair price shop dealer of Shop No.0933019 of Marlapudi Village, Sydapuram Mandal, SPSR Nellore District without there being any valid reason, without providing the petitioners to submit explanation and without providing a personal hearing as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(1)(g) of the Constitution of India and contrary to the Essential Commodities Act and also violative of Andhra Pradesh State
2 Targeted Public Distribution System (Control) Order 2018 and consequently set aside the same by directing the respondents to continue the petitioner to hold Shop No. 0933019 Marlapudi Village, Sydapuram Mandal, SPSR Nellore District and pass such other order or orders as this Hon’ble Court deem fit and proper in the circumstances of the of may case. 2. The petitioner was appointed as a fair price shop dealer for shop No.0933019 of Marlapudi Village, SPSR Nellore District in the year
1984. On the report submitted by the respondent, the 4 respondent issued show cause notice dated 23.03.2025, which signed on 29.03.2025 and served on the petitioner on the same day, for violation of clause 25(d) of APSTPDS (Control) Order, 2018. counsel for the petitioner submits that the respondents, without providing opportunity of personal hearing and without granting time for submitting explanation from the petitioner, authorization of the petitioner’s fair price shop vide impugned orders, dated 29.03.2025. th was The suspended the
3. Learned Assistant Government Pleader appearing for the respondents, on instructions, submits that the impugned suspension proceedings, dated 29.03.2025, are wrongly issued and there proceedings of suspension issued against the petitioner as on today are no
5. In view of the submission made by the learned Assistant Government Pleader and since both the proceedings are issued on the
3 ■% very same day, the impugned suspension proceeding, dated 29.03.2025 is set aside. The petitioner is directed to submit his explanation to the show cause notice, dated 29.03.2025 days from the date of receipt of a copy of this order and thereafter the respondents shall consider and within seven pass appropriate orders within one month by giving opportunity of hearing to the petitioner.
In the meantime, the respondents shall continue the authorization of the petitioner’s fair price shop No.0933019 of Nellore District. 6. With the above said observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand Sd/- K KASIRAO ACHAm assistant registrar SECT ON OFFICER closed. //TRUE COPY// <?. : To,
1. The Principal Secretary, Consumer Affairs Food and Civil Supplies, . Secretariat, Amaravathi. 2. The District Collector, Nellore, SPSR Nellore District. . 3. The Joint Collector, Nellore, SPSR Nellore District. 4. . The Revenue Divisional Officer, Nellore, SPSR Nellore District. 5. The Tahsildar, Sydapuram, Sydapuram Mandal, SPSR Nellore District. 6. One CC to Smt. MARELLA RADHA Advocate [OPUC] Two CCS to GP for CIVIL SUPPLIES ,High Court Of Andhra Pradesh. [OUT]
7. 8. Three CD Copies vna
HIGH COURT DATED:08/04/2025 \
ORDER WP.No.9146 of 2025 f 2 n SEP 2025 i . Current Section ^5s55£esPATCH«5^