Extracted from the PDF above. The PDF is authoritative.
APHC010542592025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28232/2025 Between:
1. SADHU RAMBABU, S/O SATYANARAYANA, AGED- 48 YEARS, OCC- FAIR PRICE SHOP DEALER, R/O GEDELAVANIPETA VILLAGE, SRIKAKULAM MANDAL SRIKAKULAM DISTRICT.
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, BY ITS PRINCIPAL SECRETARY TO GOVERNMENT
(FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS
(CS-I) DEPARTMENT), SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
2. JOINT COLLECTOR CS, SRIKAKULAM DISTRICT.
3. REVENUE DIVISIONAL OFFICER, SRIKAKULAM DIVISION, SRIKAKULAM DISTRICT.
4. TAHSILDAR, SRIKAKULAM MANDAL SRIKAKULAM DISTRICT.
...RESPONDENT(S):
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W.P.NO.28232 OF 2025 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings in Rc.No.583/2025/CS, dt. 25-08-2025 passed by the 3rd respondent thereby suspended the authorization of the petitioners Fair Price Shop No.0119068 situated in Gedelavanipeta Village, Srikakulam Mandal, Srikakulam District, without conducting enquiry, without considering my explanation dt. 26-03-2025 and without recording reasons for suspension of authorization, as illegal, arbitrary, violative of principles of natural justice and provisions of Andhra Pradesh State Targeted (Public Distribution System) Control
Order, 2018 and offends Articles 14 and 21 of Constitution of India and consequently set aside the proceedings dt. 25-08-2025 and direct the respondents particularly respondents to continue me as Fair Price Shop Dealer for the said Fair price shop by supplying essential commodities every month for distribution to cardholdersand 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 suspend the proceedings in Rc.No.583/2025/CS, dt. 25-08-2025 passed by the respondent and consequently direct the respondents 2 to 4 to continue me as Fair Price Shop Dealer for Shop No. 0119068 situated in Gedelavanipeta Village, Srikakulam Mandal, Srikakulam District, by supplying essential commodities every month for distribution to cardholders, pending disposal of main Writ Petition and pass Counsel for the Petitioner:
1. SRINIVAS AMBATI Counsel for the Respondent(S):
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W.P.NO.28232 OF 2025
1. GP FOR CIVIL SUPPLIES The Court made the following:
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W.P.NO.28232 OF 2025
ORDER:-
This writ petition is 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 proceedings in Rc.No.583/2025/CS, dt. 25-08-2025 passed by the 3rd respondent thereby suspended the authorization of the petitioner’s Fair Price Shop No.0119068 situated in Gedelavanipeta Village, Srikakulam Mandal, Srikakulam District, without conducting enquiry, without considering my explanation dt. 26-03-2025 and without recording reasons for suspension of authorization, as illegal, arbitrary, violative of principles of natural justice and provisions of Andhra Pradesh State Targeted (Public Distribution System) Control Order, 2018 and offends Articles 14 and 21 of Constitution of India and consequently set aside the proceedings dt. 25-08-2025 and direct the respondents particularly respondents to continue me as Fair Price Shop Dealer for the said Fair price shop by supplying essential commodities every month for distribution to cardholders...=
2.
Brief facts of the case of the petitioner is that:-
a. The petitioner was appointed as a permanent fair price shop dealer for shop No.0119068 situated in Gedelavanipeta Village, Srikakulam Mandal and District. The petitioner’s authorization was subsisting till 31.03.2026. Since the date of his appointment, the petitioner has been supplying essential commodities to cardholders, without any complaints from any corner. 5
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W.P.NO.28232 OF 2025
b. While the things stood thus, following a change in the Government of the State of Andhra Pradesh and due to local political pressure in the village, the Mandal Revenue Inspector, Srikakulam and Village Revenue Officer, Gedelavanipeta Village, conducted a surprise check in the petitioner’s fair price shop on
11.11.2024. Basing on a report submitted by the 4th respondent, the 3rd respondent issued a show cause notice vide proceedings Rc.No.583/2025/CS, dated 24.03.2025, calling for an explanation from the petitioner within a period of one (01) week from the date of receipt of a notice, alleging six charges against the petitioner, for which the petitioner has submitted a detailed explanation on 26.03.2025 requesting to furnish the copy of the panchanama and the statements of 61 cardholders alleged to have been examined by the 3rd respondent. 3. The grievance of the petitioner is that the 3rd respondent, even without furnishing the documents including the panchanama and the statements of 61 cardholders who are alleged to have been examined by the 3rd respondent has suspended the petitioner’s authorization vide proceedings Rc.No.583/2025/CS, dated 24.03.2025. Challenging which, the present writ petition is filed. 6
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W.P.NO.28232 OF 2025
4. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 5. On perusal of the impugned proceedings, it is evident that six (06) charges were framed against the petitioner, for which the petitioner has submitted an explanation on 26.03.2025 and requested the 3rd respondent to furnish the relevant documents on which the said charges were framed. However, the 3rd respondent without even serving the relevant documents as requested by the petitioner, including the panchanama and the statements of 61 Cardholders of Gedelavanipeta Village, alleged to have been examined, have suspended the petitioner’s authorization. 6.
In view of the fact that the suspension proceedings were passed on 25.08.2025 and alternative arrangements have already been made by the respondent authorities, this Court feels it appropriate to dispose of the writ petition by directing the 3rd respondent to complete the enquiry as expeditiously as possible, preferably within a period of three (03) months from the date of the receipt of a copy of the order. The 3rd respondent is further
directed to issue a notice to the petitioner, calling for a further
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W.P.NO.28232 OF 2025 explanation duly enclosing all the documents including the Panchanama and the 61 cardholders alleged to have been examined by him, thereafter, conduct an enquiry in the presence of petitioner after affording due opportunity to the petitioner and pass reasoned order in accordance with law. No costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
___________________ JUSTICE V.SUJATHA 15.10.2025 LSP
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W.P.NO.28232 OF 2025
203
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 28232/2025
15.10.2025 LSP