IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY. THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE SUMATHI JAGADAM ' WRIT PETITION NO: 2536 OF 2025 Between: Dammu Mala Kondaiah, S/o. Venkataiah aged about 85 Dealer, Shop No.0831052, Yeruvaripalli Village, Kanigiri Mandal, Prakasam District. years, F.P. Shop ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Consumer Affairs Food and Civil Supplies, Secretariat Buildings, Velagapudi Village Tullur Mandal, Guntur District. 2. The Collector (OS), Prakasam District at Ongole. 3. The Revenue Divisional Officer, Kanigiri, Prakasam District. 4 4. The Enforcement Deputy Tahsildar, Kanigiri Mandal, Prakasam 5. The Tahsildar, Kanigiri Mandal, Prakasam District. 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 a writ order or orders more particularly one in the nature of writ of Mandamus declaring the action of the Respondents No.3, in of the petitioner, through in respect of the Shop No.0831052, Yeruvaripalli Village, Kanigiri Mandal, Prakasam District, suspending the Dealership Authorization Proceedings No. Rc.E/285/2025, dated 21.01.2025 i / contrary to Clause 29(a) of the Control Order, 2018, as illegal, arbitrary and violation of Articles 14 and 21 of Constitution of India and consequently to set aside the Proceedings Rc.E/285/2025, dated 21.01.2025, in respect of the Shop No.0831052, Yeruvaripalli Village, Kanigiri Mandal, Prakasam District, issued by the 3rd Respondent, by directing the Respondents to supply the commodities to the petitioner, in respect of the Shop No.0831052, Yeruvaripalli Village, Kanigiri Mandal, Prakasam District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the proceedings Rc.E/285/2025,dated 21.01.2025, in respect of the Shop No.0831052, Yeruvaripalli Village, Kanigiri Mandal, Prakasam District, issued by the respondent, by directing the respondents to supply the commodities to the petitioner, in respect of the Shop No.0831052, Yeruvaripalli Village, Kanigiri Mandal, Prakasam District, pending disposal of the above writ petition. " Counsel for the PetitioneriSRI MADHAVA RAO NALLURI Counsel for the Respondents: GP FOR CIVIL SUPPLIES " The Court made the following: ORDER APHC010049202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) KB [3459] THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 2536/2025 Between: Dammu Mala Kondaiah ...PETITIONER AND The State of AP and others ...RESPONDENT(S) Counsel for the Petitioner: 1.MADHAVA RAO NALLURI Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue a writ order or orders more particularly one in the nature of writ of Mandamus declaring the action of the Respondents No. 3, in suspending the Dealership Authorization of the petitioner, through Proceedings No. Rc. E/285/2025, dated 21.01.2025, in respect of the Shop No.0831052, Yeruvaripalli Village, Kanigiri Mandal, Prakasam District, contrary to Clause 29(a) of the Control Order, 2018, as illegal, arbitrary and violation of Articles 14 and 21 of Constitution of India and consequently to set aside the said Proceedings issued by the 3""' Respondent, by directing the Respondents to supply the 'X>:- commodities to the petitioner, in respect of the Shop No. 0831052, Yeruvaripalli Village, Kanigirl Mandal, Prakasam District and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. 2. The case of the petitioner is that the petitioner was appointed as a dealer for a fair price shop No.0831052 of Yeruvaripalli Village, Kanigiri Mandal, Prakasam District. The petitioner is regularly distributing the commodities to the cardholders since 40 years. Based a false complaint, the 4"^ respondent inspected the petitioner’s fair on price shop and found variations of (-)231 kgs of PDS Rice and (-)9 packets of Redgram Dali of stock. The said shortage is 1.5%, which is within the permissible limit as per clause 29(a) of the Control Order, 2018. The 4*'' respondent initiated 6-A proceedings without conducting proper inspection and suspended the authorization of the petitioner’s fair price shop vide proceedings, dated 21.01.2025, which is illegal and arbitrary. Hence, the present writ petition. 3. Learned counsel for the petitioner submits that the petitioner has submitted his explanation to the show cause notice, dated 22.01.2025, stating that as per clause 29(a) of Control Order 2018, the variation is within the permissible limit. The fair price shop dealer has entrusted the stock to MDU operator for distribution and the respondents, without verifying the said aspect, have suspended the authorization of petitioner’s fair price shop without therebeing any complaint from the cardholders. Learned Assistant Government Pleader for Civil Supplies, 4. basing on the instructions, submitted that an opportunity has been given to the petitioner and the petitioner has submitted his explanation to the show cause notice and the matter is reserved for orders. In view of the above said facts and circumstances and with the 5. consent of both the counsel, this Court is inclined to dispose of this writ petition directing the respondents to consider the explanation, dated 28.01.2025, submitted by the petitioner and pass a reasoned order, in accordance with law, within a period of two (2) weeks from the date of receipt of a copy of this order. 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 closed. Sd/- V SAVITHRI GOWRI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Consumer Affairs and Civil Supplies. Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. 2. The Collector (CS), Prakasam District at Ongole. Food 3. The Revenue Divisional Officer, Kanigiri, Prakasam District. 4 4. The Enforcement Deputy Tahsildar, Kanigiri Mandal, Prakasam District. 5. The Tahsildar, Kanigiri Mandal, Prakasam District. 6. One CC to SRI. MADHAVA RAO NALLURI Advocate [OPUC] 7. TwoCCsto GP FOR CIVIL SUPPLIES, High Court of Andhra Pradesh. [OUT] 8. Three C.D.Copies nm r% HIGH COURT DATED:03/04/2025 ORDER WP.No.2536 of 2025 disposing of the wp without COSTS