APHC010316462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 16123/2025 Between: 1. PALLA RADHA KRISHNA, S/O (LATE) NARAYANA, AGED IMAJOR F.P.SHOP NO.0120015, GARA MANDAL SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY (CIVIL SUPPLIES), SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE JOINT COLLECTOR, COLLECTOR OFFICE, SRIKAKULAM. 3. THE REVENUE DIVISIONAL OFFICER, R.D.O., OFFICE, SRIKAKULAM. ...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 toPleased to Issue a Writ or Order or Direction more particulalry one in the nature of a Writ of Certiorari to Call for the Records pertaining to the impugned Proceedings passed by the 3rd respondent vide R.C.No.396/2025 CS dt.06-05-2025 served on 15-05-2025 suspending the petitioner's Fair Price Shop No.0120015 of Gara Mandal, Srikakulam inspite of the petitoner's explanation dt.23-03-2025 to the show cause notice without conducting any enquiry as per the Andhra Pradesh Targeted Public Distribution System (Control) Order ,2018, without following the procedure as required under the law all are illegal , unlawful, violatoin of Principles of Natural Justice, Violation VS,J W.P No.16123 of 2025 2 of Rulings , Violation of Article 14,19,21 of the Constitution of India, Consequently Quash the immpugned proceedings in R.C.No.396/2025 CS dt.06-05-2025 by Allowing the Writ Petition and to 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 dispense with filing of certified copy impugned Proceedings passed by the 3rd respondent vide R.C.No.396/2025 CS dt.06-05-2025 and also pass IA NO: 2 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 Counsel for the Petitioner: 1. R SIVA SAI SWARUP Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES VS,J W.P No.16123 of 2025 3 The Court made the following Order: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: <…to Issue a Writ or Order or Direction more particularly one in the nature of a Writ of Certiorari to Call for the Records pertaining to the impugned Proceedings passed by the 3rd respondent vide R.C.No.396/2025 CS dt.06-05-2025 served on 15-05- 2025 suspending the petitioner's Fair Price Shop No.0120015 of Gara Mandal, Srikakulam inspite of the petitioner’s explanation dt.23-03-2025 to the show cause notice without conducting any enquiry as per the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018, without following the procedure as required under the law all are illegal, unlawful, violatoin of Principles of Natural Justice, Violation of Rulings, Violation of Article 14, 19, 21 of the Constitution of India, Consequently Quash the impugned proceedings in R.C.No.396/2025 CS dt.06-05- 2025 by Allowing the Writ Petition and to pass such other or orders…= 2. The case of the petitioner is that: a) The petitioner was appointed as a temporary fair price shop dealer for the shop bearing No.0120015 situated at Duvvupeta Village, Gara Mandal, Srikakulam District on 12.07.2024 and he is distributing the essential commodities to the cardholders of the village without any adverse remarks. b) While the things stood thus, basing on the report submitted by the Tahsildar on 07.02.2015 requesting the respondent No.3 to take action against the petitioner who contravened the clause 12(p)(3), Clause 12 n (1-9) and Rule No.6 in Form-II i.e., form of authorization in State Targeted Public Distribution System (Control) Orders, 2018, the respondent No.3 issued Show Cause Notice dated 03.03.2025 calling from an explanation from the petitioner within one week from the date of receipt of the said notice duly framing three (03) charges as against the petitioner, for which the petitioner has submitted his explanation dated 23.03.2025. VS,J W.P No.16123 of 2025 4 c) The grievance of the petitioner is that the respondent No.3, without duly considering the explanation submitted by the petitioner for each and every charge, has suspended the petitioner’s authorization vide Rc.No.396/2025CS dated 06.05.2025 by simply stating that no material evidence was produced by the petitioner in support of his explanation, however, solely relying on the report submitted by the Tahsildar. Aggrieved by the said proceedings dated 06.05.2025, the petitioner has filed the present writ petition. 3. Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader for Civil Supplies representing the respondents. 4. The learned Assistant Government Pleader has furnished a copy of the instructions dated 23.12.2025 received from the respondent No.3, wherein it is stated that in response to the Show Cause Notice dated 03.03.2025, the petitioner neither appeared before the office nor submitted any explanation within the time stipulated. Before passing of the final orders by placing the petitioner under suspension, another opportunity was given to the petitioner vide Office Notice Rc.No.396/2025, CS dated 19.03.2025 calling upon him to produce documentary evidence, if any, in support of his case. 5. It is further stated in the instructions that, in response to the said office notice dated 19.03.2025, the petitioner submitted an explanation stating that he had received the show cause notice on 22.03.2025, but no explanation was given denying the allegations. Thereafter, third notice was issued to the petitioner along with the report of the Tahsildar, Gara, directing him to submit VS,J W.P No.16123 of 2025 5 his written explanation within five days from the date of receipt of the notice. However, no explanation was received from the dealer, so far. 6. The learned Assistant Government Pleader also furnished a copy of the proceedings of the Revenue Divisional Officer in Rc.No.396/2025,CS dated 06.06.2025 duly appointing one Smt. Andhavarapu Kalyani W/o. Anandarao, Sarvani SHG, Srikurmam Village as incharge fair price shop dealer for the subject shop. 7. Duly considering the instructions furnished by the learned Assistant Government Pleader dated 23.12.2025 and the proceedings of the Revenue Divisional Officer dated 06.06.2025, through which a third party interest has already been created over the subject shop and also the fact that the petitioner was placed under suspension on 06.05.2025, this Court feels it appropriate to direct the respondent No.3 to complete the enquiry within a period of four (04) weeks from the date of receipt of copy of this order, after issuing a fresh notice to the petitioner calling upon him for the enquiry and after affording him a reasonable opportunity of hearing. 8. With the above directions, this Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE V.SUJATHA Date:24.12.2025 Ksj