APHC010372942020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24867/2020 Between: 1. LAKSHMI MAHILA PODUPU SAMGAM, W/O. YERRISWAMY CHEDUM VILLAGE, RAYADURG MANDAL, ANANTHAPURAMU ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRAEDESH STATE. 2. THE JOINT COLLECTOR, ANANTHAPURAMU DISTRICT 3. THE TAHSILDAR, RAYADURG MANDAL, ANANTHAPURAMU 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 to issue a writ or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the 2nd respondent in terminating the dealership of the petitioner in final order vide Rc.No.K11/3506/2019, Dt. 03.02.2020 is illegal, arbitrary and unconstitutional being violative of principles of natural justice and consequently set aside the same and to pass IA NO: 1 OF 2020 2 VS,J W.P.No.24867 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 to suspend the Final order vide Rc.No.K11/3506/2019, Dt. 03.02.2020 issued by the 2nd respondent by directing the respondents to continue the petitioner as FP Shop Dealer of Shop No. 1218004 of Chedum Village, Rayadurg Mandal, Ananthapuramu District, and pass Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR CIVIL SUPPLIES (AP) The Court made the following: 3 VS,J W.P.No.24867 of 2020 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.24867 of 2020 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, more particularly one in the nature of writ of Mandamus, declaring the action of the 2nd respondent in terminating the dealership of the petitioner in final order vide Rc.No.K11/3506/2019, Dt. 03.02.2020 is illegal, arbitrary and unconstitutional being violative of principles of natural justice and consequently set aside the same…” 2. The petitioner is a member of Lakshmi Mahila Podupu Sangam and was appointed as a temporary Fair Price Shop Dealer in respect of F.P. Shop No.1218004 of Chadam Village, Rayadurg Mandal, Ananthapuramu District. From the date of appointment, the petitioner has been distributing essential commodities to the card holders. 3. While so, based on complaints allegedly made by certain card holders, the Mandal Revenue Inspector-II, Rayadurg inspected the said Fair Price Shop and submitted a report dated 24.07.2019 alleging certain irregularities. Basing on the said report, the 2nd respondent issued a show cause notice dated 12.12.2019 proposing cancellation of the petitioner’s authorization. 4. The petitioner contends that the report of the Mandal Revenue Inspector-II, which formed the basis for issuance of the show cause notice, was not furnished to her. It is the specific case of the petitioner that without 4 VS,J W.P.No.24867 of 2020 supply of the said report, so as to enable her to submit an effective explanation to the show cause notice. It is further contended that though notices were issued fixing dates of hearing, no proper enquiry as contemplated under the provisions of APS TPDS (Control) Order, 2018 was conducted, no card holders were examined in her presence and the principles of natural justice were violated. Subsequently, the 2nd respondent passed final orders vide Rc.No.K11/3506/2019 dated 03.02.2020 terminating the temporary dealership of the petitioner with immediate effect, which is impugned in the present writ petition. 5. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 6. It is the contention of the petitioner that the enquiry report of the MRO dated 24.07.2019 was not furnished to her so as to enable her to submit her explanation, resulting in violation of principles of natural justice. It is also contended that no proper enquiry as contemplated under the APS TPDS (Control) Order, 2018 was conducted. 7. On the other hand, it is the specific case of the respondents that sufficient opportunity was afforded to the petitioner to submit her explanation and participate in the enquiry, but she failed to avail the same. It is further contended that the findings recorded by the 2nd respondent are based on the material available on record and the inspection report, which clearly establish serious violations of the provisions of APS TPDS (Control) Order, 2018. 5 VS,J W.P.No.24867 of 2020 8. From the record, it is evident that a show cause notice was issued to the petitioner and multiple opportunities were granted to her to submit her explanation and to appear for enquiry. Admittedly, the petitioner did not submit any written explanation nor did she participate in the enquiry proceedings. Having failed to avail the opportunities granted, the petitioner cannot now turn around and contend that principles of natural justice were violated. 9. The findings recorded by the 2nd respondent disclose serious irregularities relating to benami operation of the Fair Price Shop, non-opening of the shop during prescribed hours and distribution of essential commodities with lesser weighment. Such violations go to the root of the authorization and justify termination of temporary dealership. 10. It is also relevant to note that the impugned order itself provides a statutory remedy of appeal before the District Collector. Without exhausting the said alternative remedy, the petitioner has directly approached this Court. In the absence of exceptional circumstances, this Court is not inclined to exercise jurisdiction under Article 226 of the Constitution of India. 11. This Court finds that the impugned order dated 03.02.2020 does not suffer from any illegality or arbitrariness warranting interference. 12. In the result, the Writ Petition is dismissed. There shall be no order as to costs. 6 VS,J W.P.No.24867 of 2020 As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :01.12.2025 JLV 7 VS,J W.P.No.24867 of 2020 318 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO:24867/2020 Date :01.12.2025 JLV