1 VS,J W.P.No.36001 of 2025 APHC010700792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 36001/2025 Between: 1. BHEEMA RAJU, S/O. HANUMANTHARAYAPPA, AGED ABOUT 35 YEARS, OCC F.P. SHOP DEALER OF SHOP NO.1263020 R/O. KODAGARLA GUTTA VILLAGE, ROLLA MANDAL, SRI SATHYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT, ANDHRA PRADESH - 515321. ...PETITIONER AND 1. THE STATE OF AP, REP. BY THE PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH - 522237. 2. THE DISTRICT COLLECTOR, SRI SATHYA SAI DISTRICT AT PUTTAPARTHY ERSTWHILE ANANTAPUR DISTRICT, ANDHRA PRADESH - 515134. 3. THE JOINT COLLECTOR, SRI SATHYA SAI DISTRICT AT PUTTAPARTHY ERSTWHILE ANANTAPUR DISTRICT, ANDHRA PRADESH - 515134. 4. THE REVENUE DIVISIONAL OFFICER, PENUKONDA, SRI SATHYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT, ANDHRA PRADESH - 515110. 2 VS,J W.P.No.36001 of 2025 5. THE TAHSILDAR, ROLLA MANDAL, SRI SATHYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT, ANDHRA PRADESH - 515321. ...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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing proceedings Rc.No.3365/2025/C dated 15.12.2025 by suspending the authorization of the petitioner as fair price shop dealer of Shop.No.1263020, Kodagarla Gutta Village, Rolla Mandal, Sri Satya Sai District Erstwhile Anantapur District without there being any valid reason, without considering the explanation submitted by the petitioner and without providing opportunity of personnel hearing, without proper enquiry as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and consequently set-aside the same and further direct the respondents to continue the petitioner to hold F.P Shop.No.1263020, Kodagarla Gutta Village, Rolla Mandal, Sri Satya Sai District Erstwhile Anantapur District 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 direct the respondents to continue the petitioner as F.P. shop Dealer and to supply essential commodities to the petitioner’s F.P Shop.No. 1263020, Kodagarla Gutta Village, Rolla Mandal, Sri Satya Sai District Erstwhile Anantapur District by suspending the proceedings of 4 respondent in Rc.No.3365/2025/C dated 15.12.2025, pending disposal of Writ Petition, and to pass Counsel for the Petitioner: 1. P NARAHARI BABU Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 VS,J W.P.No.36001 of 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 36001/2025 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 action of the 4th respondent in issuing proceedings Rc.No.3365/2025/C dated 15.12.2025 by suspending the authorization of the petitioner as fair price shop dealer of Shop.No.1263020, Kodagarla Gutta Village, Rolla Mandal, Sri Satya Sai District Erstwhile Anantapur District without there being any valid reason, without considering the explanation submitted by the petitioner and without providing opportunity of personnel hearing, without proper enquiry as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and consequently set-aside the same and further direct the respondents to continue the petitioner to hold F.P Shop.No.1263020, Kodagarla Gutta Village, Rolla Mandal, Sri Satya Sai District Erstwhile Anantapur District.” 2. The petitioner was appointed as a permanent Fair Price Shop Dealer for Shop No.1263020 vide proceedings Rc.No.77/2008, dated 22.07.2008 by the 4th respondent. The petitioner’s authorization has been renewed from time to time. It is also the case of the petitioner that he has been supplying essential commodities to the cardholders without there being any complaint from any corner. 4 VS,J W.P.No.36001 of 2025 3. While the things stood thus, on 05.11.2025 at about 12.00 p.m, the staff of the 5th respondent, i.e., CSDT and others, visited the shop and conducted an inspection. During the inspection, they allegedly found a variation of (-) 34 kgs of Fortified Rice, (+) 3.50 kgs of Jowar and (-) 9.50 kgs of Ragi, and accordingly seized the stock and handed over the same to VRO along with e-POS and weighing machine. Thereafter, basing on a report submitted by the Tahsildar on 07.11.2025, a show cause notice was issued by the 4th respondent calling for an explanation from the petitioner duly framing single charge. For which, the petitioner submitted an explanation on 04.12.2025, duly stating that he was receiving shortage of commodities from the MLS point itself. Without considering the said explanation, the 4th respondent has suspend the petitioner’s authorization vide proceedings dated 15.12.2025. Challenging the same, the present writ petition is filed. 4. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 5. A perusal of the impugned proceedings dated 15.12.2025 reveals that the shortage of Fortified Rice and Jowar is within the permissible limit of 1.5%. However, the shortage of Ragi is (-) 9.50 kgs out of 34 kgs, is beyond the permissible limit. Considering the fact that the impugned proceedings are only with regard to suspension pending enquiry, this Court deems it appropriate to direct the 4th respondent to complete the enquiry as expeditiously as possible, 5 VS,J W.P.No.36001 of 2025 preferably within a period of four (04) weeks from the date of receipt of a copy of this order. 6. With the above direction, the Writ Petition is disposed of. No costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :31.12.2025 JLV 6 VS,J W.P.No.36001 of 2025 217 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 36001/2025 Date :31.12.2025 JLV