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2025 DAILYLAW 51632 (AP)

PACHIMALA PRASANTHI KUMARI v. THE STATE OF ANDHRA PRADESH

WP/32759/2025 · 2025-11-30

V Sujatha

body2025

Judgment text

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APHC010632162025 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: 32759/2025 Between: 1. PACHIMALA PRASANTHI KUMARI, W/O NARASIMHA RAJU, AGED ABOUT 37 YEARS, OCC PRICE SHOP DEALER, FAIR PRICE SHOP NO.0454054, SAMANASA VILLAGE, AMALAPURAM MANDAL EAST GODAVARI DISTRICT (NOW DR.B.R AMBEDKAR KONASEEMA). ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. 2. THE REVENUE DIVISIONAL OFFICER, AMALAPURAM, EAST GODAVARI DISTRICT. (NOW DR.B.R AMBEDKAR KONASEEMA). 3. 3. THE TAHSILDAR, AMALAPURAM MANDAL, EAST GODAVARI DISTRICT. (NOW DR.B.R AMBEDKAR KONASEEMA). ...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 or direction declaring action of the 2ND respondent in issuing notice Ref. A/682/2025 dated 04.11.2025 without passing any orders as recommended by the 3RD respondent dated 27.05.2025, the 2ND respondent issued a show cause notice, is illegal, arbitrary and violation of Articles 14, 19 21 of constitution of India consequently set aside the same and pass s 2 VS,J W.P.No.32759 of 2025 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 to direct the respondents no’s. 2 and 3 to supply the stocks to the petitioner as a fair price shop dealer in Shop No. 0454054 situated at Samanasa Village, Amalapuram Mandal, East Godavari District (Now DR.B.R Ambedkar Konaseema).. By enabling him to supply to the card holders pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.32759 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 or direction declaring action of the 2nd respondent in issuing notice Ref. A/682/2025 dated 04.11.2025 without passing any orders as recommended by the 3rd respondent dated 27.05.2025, the 2nd respondent issued a show-cause notice, is illegal, arbitrary and violation of Articles 14, 19 21 of constitution of India consequently set aside the same ….” 2. Brief facts of the case are as follows: a) The petitioner was appointed as a Fair Price Shop dealer for Shop No.0454054, Samanasa Village, Amalapuram Mandal, East Godavari District on 12.05.2020. Since the date of her appointment, the petitioner has been distributing essential commodities to the satisfaction of the cardholders as well as the authorities. b) While things stood thus, on 22.10.2025, the inspecting officials visited the petitioner’s Fair Price Shop and noticed that the petitioner was operating the Fair Price Shop from Door No.1-25, Samanasa Village, instead of the earlier premises located at Door No.7-15 of the same village. Basing on the report dated 23.10.2025 submitted by Assistant Supply Officer, Amalapuram, the 2nd respondent issued a show-cause notice in Ref.A/682/2025, dated 04.11.2025 framing one charge as against the petitioner and calling for an explanation from the petitioner. For which, the petitioner submitted an explanation on 15.11.2025 stating that she had applied for a change of address of the subject Fair Price Shop from Door No.7-15 to D.No.1-25 and 4 VS,J W.P.No.32759 of 2025 the same was recommended by the Tahsildar, Amalapuram on 27.05.2025. In spite of the same, the 2nd respondent, instead of considering the said recommendation for shifting, has issued the impugned show-cause notice. 3. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 4. As seen from the record, the impugned proceedings are only a show- cause notice dated 04.11.2025 calling for an explanation and the petitioner has already submitted her explanation. Therefore, this Court is not inclined to interfere with the same. However, the 2nd respondent is directed to consider the recommendation made by the Tahsildar, Amalapuram on 27.05.2025 before passing appropriate orders in pursuance of the explanation submitted by the petitioner to the impugned show-cause notice dated 04.11.2025. Further, since no disciplinary proceedings have been initiated against the petitioner till date, the petitioner shall be permitted to continue as Fair Price Shop dealer, until any disciplinary proceedings, if initiated, are finally concluded. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. __________________ JUSTICE V.SUJATHA Dated 01.12.2025 KGR