APHC010469322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER x" TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SMT JUSTICE V.SUJATHA. WRIT PETITION NO: 24702 OF 2025 Between: M. Perumalu, S/o late Samboji Gowndar, Age: 60 Years, Occ: FP shop dealer Of Shop No. 1056039, Pachigunta Village Yadamari Mandal, Chittoor Dist. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principle Secretary, Civil Supplies Department, Secretariat, Velagapudi, Guntur Dist. The Collector CS, Chittoor Town, Chittoor Dist. The Revenue Divisional Officer, Chittoor Division, Chittoor Dist. The Tahsildar, Yadamari Mandal, Chittoor Dist. 2. 3. 4. ...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 Writ Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the ROC.G/1510/2025 dt 1-9-2025 suspending the petitioners authorization in respect of FP Shop No. 1056039, Pachigunta Village, Yadamari Mandal, Chittoor Dist., is illegal, arbitrary, malafide and contrary to provisions of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018 apart from violation of the principles of natural 3rd respondent vide Justice and consequentially set aside the impugned order dt 1-9-2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual. lA NO: 1 OF 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 to suspend the impugned order passed by the 3 ROC.G/1510/2025 dt.1-9- 2025 respect of FP Shop No. 1056039, Village, Yadamari Mandal rd respondent vide Pachigunta Chittoor Dist., by continuing the petitioner dealer as usual, pending disposal offhe writ petition. as Counsel for the Petitioner: SRI M. M.M. SRINIVASA Counsel for the Respondent Nos.1 to 4: GP FOR CIVIL SUPPLIES The Court made the following order: RAO APHC010469322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] m MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24702/2025 Between: 1.M PERUMALU, S/0 LATE SAMBOJI GOWNDAR AGE. 60 YEARS, OCC FP SHOP DEALER OF SHOP NO. 1056039, PACHIGUNTA VILLAGE YADAMARI MANDAL, CHITTOOR DIST. ...PETITIONER AND 1.THE STATE OF AP, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST.. 2.THE COLLECTOR CS, CHITTOOR TOWN, CHITTOOR DIST. 3.THE REVENUE DIVISIONAL OFFICER, CHITTOOR DIVISION, CHITTOOR DIST. 4.THE TAHSILDAR, YADAMARI MANDAL, CHITTOOR 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 pleased topleased to issue Writ Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the 3rd respondent vide ROC.G/1510/2025 dt 1-9-2025 suspending the petitioners Authorization in respect of FP Shop NO. 1056039, Pachigunta Village, Yadamari Mandal, Chittoor Dist., is illegal, arbitrary, malafide and contrary to provisions of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018 apart from violation of the ■ VSJ ’ 2 W.P.No.24702of2025 principles of natural justice and consequentially set aside the impugned order dt 1-9-2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual, and pass lANQ: 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 Suspend the impugned order passed by the 3rd respondent vide ROC.G/1510/2025 dt.1-9- 2025 respect of FP Shop NO. 1056039, Pachigunta Village, Yadamari Mandal, Chittoor Dist., by continuing the petitioner as 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 VS,J W.P.No.24702 of 2025 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 Writ Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the 3^^ respondent vide ROC.G/1510/2025 dt: 1-9-2025 suspending the petitioner’s authorization in respect of F.P.Shop No. 1056039, Pachigunta Village, Yadamari Mandal, Chittoor District is illegal, arbitrary, malafide and contrary to provisions of Andhra Pradesh State Targeted Public Distribution System(Control) Order, 2018 apart from violation of the principles of natural justice and consequentially set aside the impugned order dt: 1-9-2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual and to pass such other order or orders ....” The petitioner was appointed as a permanent fair price shop dealer for 2. shop No.1056039 of Pachigunta Village, Yadamari Mandal, Chittoor District in the year 1999, in pursuance of the notification issued by the respondents. Thereafter, the petitioner’s authorization has been extended from time to time. The petitioner has also been running the fair price shop without any complaints either from the Card holders or from the concerned authorities. While the matter being so, due to change in political scenario, at the instance of local political leaders, the 4^'" respondent has submitted a report to the 3’’^ respondent on 30.08.2025, stating that the Government of Andhra 3. Pradesh has issued instructions vide G.O. FCS02/305/2025-CCS-CS dated 23.08.2025 to the authorities concerned for the distribution of smart ration cards to all eligible ration card holders, including Yadamari Mandal through designated fair price shops. Accordingly, a program was scheduled on 4 VS,J - 14/. P. No. 24 702 of 2025 the distribution of smart ration 30.08.2025 at Pachigunta Village for supervision of the 4*''^ petitioner, despite prior intimation, without any valid reason and under the Andhra Pradesh State Targeted Public Order, 2018. cards respondent and also alleging that the has failed to participate in the said program, provisions Distribution System (Control) under the as such, he has violated the statutory 4. Basing on the said show cause notice report dated 30.08.2025, the 3'"^ respondent issued a as against the to submit his explanation within receipt of the said notice, as to why his authorization on 01.09.2025, framing five charges petitioner and directing the petitioner seven (7) days from the date of should not be suspended or cancelled. 5. The grievance of the waiting for the time period of petitioner is that the respondent, even without seven (7) days, as mentioned In the said show cause notice dated 01.09.2025, immediately on the same day i.e.. Challenging which, the on 01.09.2025, suspended petitioner’s authorization. present writ petition is filed. 6. Heard the learned Government Pleader for Civil Supplies counsel for the petitioner and the learned representing the respondents. Assistant 7. On a perusal of the show show cause notice cause notice, it can be observed that was issued on 01.09.2025, framing five charges an explanation within the against seven (7) days from the notica It is also mentioned in the show cause notice the petitioner, thereby calling for date of receipt of the said i. 5 VS,J W.P.No.24702 of 2025 that, if the petitioner has failed to submit any satisfactory explanation within the stipulated time, it shall be construed as no explanation offered and further action shall be initiated under the provisions of the Essential Commodities Act, 1955 and as well as the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, including suspension or cancellation of authorization and disciplinary action as deemed fit and on the same day i.e., 01.09.2025, suspended the petitioner’s authorization, which in fact is in violation of the principles of natural justice. In view of the same, this Court deems it appropriate to modify the show cause notice issued by the, respondent, as ‘show cause notice issued for suspending the petitioner’s authorization calling for an explanation’. For which, the petitioner shall submit his explanation by treating it as show cause notice for suspending the petitioner’s authorization, within a period of two (2) weeks from the date of receipt of a copy of the order. Thereafter, the respondents shall consider the same and pass appropriate order in accordance with law. 8. 9. Accordingly, the Writ Petition is allowed by setting the impugned proceedings issued by the respondent dated 01.09.2025, suspending the petitioner’s authorization, pending enquiry. It is needless to state that the respondents shall supply the essential commodities to the petitioner, till finalization of the disciplinary proceedings. There shall be no order as to costs. 6 VS,J‘^ W.P.No.24702 of 2025 As a sequel, Interlocutory Applications pending, if any, shall stand closed Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principle Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur Dist.. 2. The CollectorCS, Chittoor Town, Chittoor Dist. 3. The Revenue Divisional Officer, Chittoor Division, Chittoor Dist. 4. The Tahsildar, Yadamari Mandal, Chittoor Dist. 5. One CC to Sri M. M. M. Srinivasa Rao, Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. ssb HIGH COURT DATED:22/09/2025 ORDER WP No. 24702 OF 2025 0 5 1 7 OCT 2025 j jSsQurrent SectioftX^ '^PATC^ m1 Co ALLOWING THE W.P. WITHOUT COSTS