APHC010488232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25649/2025 Between: 1. BANDLAMUDI LAKSHMI, W/O. RAMBABU(LATE), AGED ABOUT 59 YEARS, OCC-F.P.SHOP DEALER, F.P.SHOP NO.0709014, R/O. D.NO.1-194/1, DIDUGU VILLAGE AMARAVATI MANDAL, PALANADU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY. FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS (CS-I) DEPT., A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, THULLURU MANDAL AMARAVATI, GUNTUR DISTRICT. 2. THE COLLECTOR CS, NARASARAOPETA, PALANADU DISTRICT, 3. THE REVENUE DIVISIONAL OFFICER, SATHINAPALLI, PALANADU DISTRICT. 4. THE TAHSILDAR, AMARAVATI MANDAL PALANADU DISTRICT 5. DEPUTY TAHSILDAR, CIVIL SUPPLIES(L/C) AMARAVATI MANDAL, PALANADU DISTRICT. ...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 of mandamus or any other appropriate writ order to declare the action of the respondent in issuing Proceedings Vide 2 VS,J W.P.NO.25649 OF 2025 Rc.No.2938/2025-C dated 04.09.2025, suspending the authorization of the petitioners Fair Price Shop for the Shop No. 0709014, Didugu Village, Amaravati Mandal, Palanadu District, as illegal and arbitrary, violation of principles of natural Justice and contrary to the Provisions of the Essential Commodities Act 1955 and the Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018, by setting-aside the same and consequently direct the respondents nos.2 to 5 to release the Essential Commodities to the petitioner for the F.P. shop No.0709014, Didugu Village, Amaravati Mandal, Palanadu 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 supply the essential commodities to the petitioner’s F.P. Shop No. 0709014, Didugu Village, Amaravati Mandal, Palanadu District by continuing the Petitioner’s F.P. Shop authorization, pending disposal of the writ petition and to pass Counsel for the Petitioner: 1. RAJU GUBBALA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.NO.25649 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue a Writ of mandamus or any other appropriate writ order to declare the action of the respondent in issuing Proceedings Vide Rc.No.2938/2025-C dated 04.09.2025, suspending the authorization of the petitioners Fair Price Shop for the Shop No. 0709014, Didugu Village, Amaravati Mandal, Palanadu District, as illegal and arbitrary, violation of principles of natural Justice and contrary to the Provisions of the Essential Commodities Act 1955 and the Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018, by setting-aside the same and consequently direct the respondents nos.2 to 5 to release the Essential Commodities to the petitioner for the F.P. shop No.0709014, Didugu Village, Amaravati Mandal, Palanadu District, and pass....” 2. Brief facts of the petitioner’s case is that: a. The petitioner was appointed as a permanent fair price shop dealer for shop No.0709014 of Didugu village, Amaravati Mandal, Palanadu District. The petitioner has been distributing essential commodities to cardholders for more than 25 years without any complaint from any corner. b. While the matter being so, on 03.09.2025, the Deputy Tahsildar, Civil Supplies (I/c) Amaravati, inspected the petitioner’s shop and alleged certain variations of stock. Without preparing any panchanama and without furnishing a copy of the delivery receipt (seize report), they forcibly took away the entire stock, e.Pos machine and weighing machine. Thereafter, CSDT, Amaravati, prepared a report on 03.09.2025, and the Tahsildar, Amaravati also prepared another report dated 04.09.2025. The 3rd respondent herein issued a show cause notice dated 04.09.2025, calling for explanation from the 4 VS,J W.P.NO.25649 OF 2025 petitioner within seven (07) days. For which, the petitioner submitted his explanation on 08.09.2025. 3. The grievance of the petitioner is that instead of waiting for the period of seven days as mentioned in the show cause notice dated 04.09.2025, the 3rd respondent also placed the petitioner’s authorization under suspension on the very same day, i.e., on 04.09.2025 for an indefinite period. Challenging which, the writ petition is filed. 4. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 5. Admittedly, the day on which the show cause notice was issued i.e., on 04.09.2025, the 3rd respondent even without waiting for a period of seven days given in the said show cause notice, straight away placed the petitioner’s authorization under suspension on the very same day i.e., on 04.09.2025, even though the petitioner is a permanent fair price shop dealer. 6. On perusal of the said suspension order, it also appears that the said order does not specify as for how much period the petitioner’s authorization is placed under suspension. 7. In view of the above, the impugned proceedings dated 04.09.2025, through which the petitioner’s authorization was placed under suspension pending enquiry, are liable to be set-aside. 5 VS,J W.P.NO.25649 OF 2025 8. Accordingly the writ petition is allowed by setting aside the impugned proceedings dated 04.09.2025. Since the petitioner has already submitted his explanation, in pursuance of the show cause notice dated 04.09.2025, the 3rd respondent is directed to consider the same and pass appropriate orders within a period of four (04) weeks from the date of receipt of a copy of the order. 9. In view of the orders passed by this Court, since the suspension proceedings are set aside, the respondents are directed to supply essential commodities to the petitioner till finalization of the disciplinary proceedings initiated against him. No costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :19.09.2025 LSP 6 VS,J W.P.NO.25649 OF 2025 700 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25649/2025 Date :19.09.2025 LSP