APHC010386852020 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, THE TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25816/2020 Between: 1. RAJANA RAJU, S/O RAJANA DEMUDU AGE SHOP DEALER OF F.P.SHOP NO.0337030, RAMANNAPALEM VILLAGE KOTAURATLA MANDAL, VISAKHAPATNAM DIST. 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY CIVIL VELAGAPUDI, GUNTUR DIST. 2. THE JOINT COLLECTOR, VISAKHAPATNAM DIST., AT VISAKHAPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM DIVISION, VISAKHAPATNAM DIST. 4. THE TAHSILDAR, KOTAURATLA MANDAL, VISAKHAPATNAM 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 direction preferably writ of mandamus declaring the order issued by the 2nd respondent vide Rc.No.281/2020/CSR7 dt-28- 4-2020 (Received by the petitioner on 24 petitioner's authorization in respect of FP Shop No. Village, Kotauratla Mandal, Visakhapatnam Dist. without assigning any valid reasons and without following the procedure as contemplated under AP State IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25816/2020 RAJANA RAJU, S/O RAJANA DEMUDU AGE-41 YEARS, OCC SHOP DEALER OF F.P.SHOP NO.0337030, RAMANNAPALEM VILLAGE KOTAURATLA MANDAL, VISAKHAPATNAM DIST. ...PETITIONER AND STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. THE JOINT COLLECTOR, VISAKHAPATNAM DIST., AT VISAKHAPATNAM. THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM DIVISION, VISAKHAPATNAM DIST. THE TAHSILDAR, KOTAURATLA MANDAL, VISAKHAPATNAM ...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 to issue a writ or direction preferably writ of mandamus declaring the order issued by the 2nd respondent vide Rc.No.281/2020/CSR7 2020 (Received by the petitioner on 24-12-2020) suspending the petitioner's authorization in respect of FP Shop No.0337030, Ramannapalem Village, Kotauratla Mandal, Visakhapatnam Dist. without assigning any valid reasons and without following the procedure as contemplated under AP State IN THE HIGH COURT OF ANDHRA PRADESH [3333] SEVENTEENTH DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA 41 YEARS, OCC- FP SHOP DEALER OF F.P.SHOP NO.0337030, RAMANNAPALEM VILLAGE KOTAURATLA MANDAL, VISAKHAPATNAM DIST. ...PETITIONER STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SUPPLIES DEPARTMENT, SECRETARIAT, THE JOINT COLLECTOR, VISAKHAPATNAM DIST., AT THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM DIVISION, THE TAHSILDAR, KOTAURATLA MANDAL, VISAKHAPATNAM DIST. ...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 to issue a writ or direction preferably writ of mandamus declaring the order issued by the 2nd respondent vide Rc.No.281/2020/CSR7 2020) suspending the 0337030, Ramannapalem Village, Kotauratla Mandal, Visakhapatnam Dist. without assigning any valid reasons and without following the procedure as contemplated under AP State 2 Targeted Public Distribution System (Control) Order,2018 as illegal, arbitrary, and violative of principles of natural justice and consequently set aside the said order dt-28-4-2020 and further direct the respondents to continue the petitioner as FP Shop dealer as usual and pass IA NO: 1 OF 2020 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 operation of the order issued by the 2nd respondent vide vide Rc.No.281/2020/CSR7 dt-28-4-2020 (Received by the pettioner on 24-12-2020),by continuing the petitioner as FP Shop dealer as usual, pending disposal of the writ petition. Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 The Court made the following 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 or direction preferably writ of mandamus declaring the order issued by the 2nd respondent vide Rc.No.281/2020/CSR7 dt:28.4.2020 (Received by the petitioner on 24.12.2020) suspending the petitioner’s authorization in respect of F.P Shop No.0337030, Ramannapalem Village, Kotauratla Mandal, Visakhapatnam Dist., without assigning any valid reasons and without following the procedure as contemplated under A.P. State Targeted Public Distribution System (Control) Order, 2018 as illegal, arbitrary and violative of principles of natural justice and consequently set aside the said order dt:28.4.2020 and to pass such other order or orders ….” 2. When the writ petition came up for hearing on 07.01.2021, this Court passed the following interim order: The case of the petitioner is that he is the dealer of Fair Price Shop No.0337030 of Ramannapalem Village and on 22.4.2020 the Assistant Supply Officer (Civil Supplies) has inspected the subject shop and found variations with the physical stock and the book balance. The variations, which are alleged, are that the rice is 59 Kgs excess, Redgram Dal is 1 Kg excess, Sugar is 1 Kg less, and Atta is 1 Kg excess and that the variations are within the limits permitted by the Andhra Pradesh State Targetted Public Distribution System (Control) Order 2018 (for short, the Control Order). When the commodities were not released to the petitioner's shop, even though there is no order cancelling or suspending the authorization, he filed Writ Petition No.20668 of 2020 and the same was disposed of on 10.11.2020 directing release of the stocks as the authorization is still subsisting. In spite of the said order, without implementing the same, the suspension order dated 28.4.2020 was served on 24.12.2020 by taking the petitioner's signature. But, at the time of the disposal of Writ Petition No.20668 of 2020, the respondents did not bring to the notice of the Court the fact of suspension of the authorization and without receiving any report from the Tahsildar recommending to initiate disciplinary proceedings as required under the Control Order, the impugned order has been passed. Hence, the present writ petition is filed. Learned Government Pleader for Civil Supplies appearing for the respondents submits that as the petitioner was not available, the suspension order was pasted to the door of the petitioner's house on 09.5.2020. 4 The variations, as per the impugned order, are rice is 59 Kgs excess, Redgram Dal and Sugar are in excess of 1 Kg each, and Atta is 1 Kg less. Apart from these variations, it is also stated that the petitioner is drawing PDS rice of the deceased card-holders and diverted 1770 Kgs of PDS rice into black market. Even though the suspension order shows that the petitioner has drawn the commodities of 27 deceased card-holders the details of the said card- holders are not mentioned. Apart from that Writ Petition No.20668 of 2020 filed by the petitioner complaining non-supply of the essential commodities was disposed of on 10.11.2020 directing the respondents to supply the essential commodities. In the said order, it is categorically observed as follows: 5. Though the respondents did not file any counter- affidavits, learned Assistant Government Pleader for Civil Supplies appearing on behalf of the respondents contended that an enquiry was conducted and the enquiry report was submitted to the Joint Collector to take appropriate action and the same is pending consideration. As seen from the above paragraph, the respondents did not bring to the notice of the Court that already the authorization of the petitioner was suspended on 28.4.2020. The petitioner specifically pleads that even though the suspension order is dated 28.4.2020, it was served on him on 24.12.2020. If at all the authorization of the petitioner was suspended on 28.4.2020 and the same was pasted on the door of the petitioner's house on 09.5.2020, the said fact ought to have been brought to the notice of the Court at the time of disposal of the previous writ petition on 10.11.2020. The previous writ petition was disposed of based on the instructions of the learned Assistant Government Pleader, which are reproduced hereinabove. Hence, there shall be an interim direction as prayed for. 3. Heard the learned counsel for the petitioner and as well as the learned Assistant Government Pleader for Civil Supplies representing the respondents. 4. Learned Assistant Government Pleader for Civil Supplies has furnished a copy of the instructions of the 3rd respondent i.e., the Revenue Divisional Officer dated 09.09.2025, wherein, it is stated that pending writ petition, the disciplinary case was finalized by the disciplinary authority/Revenue 5 Divisional Officer, Narsipatnam Division and the petitioner was directed to remit Rs.5,000/- (Rupees Five Thousand only) towards penalty, keeping in view of the orders of the High Court and as per the procedure in vogue to conclude the disciplinary case and restoration orders were issued vide Rc.No.6/2021/F, dated 24.06.2021. Subsequently, the petitioner has remitted the said amount of Rs.5,000/- by way of challan bearing No.51090403622021 dated 28.06.2021 towards penalty, as per the orders of the Revenue Divisional Officer, Narsipatnam and thereafter, the petitioner is being continued as a fair price shop dealer without any interruption. 5. Recording the same, the Writ Petition is closed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 17.09.2025 MDP