I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 2717 OF 2025 Between: Nakka Raju, S/o Sita Ramulu, aged about 40 years. Occ: Fair Price Shop Deaier Shop No. 0725006, Dokiparru viiiag^, Medikonduru Mandal, Guntur District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Food, Civil Supplies & Consumer Affairs Department, Secretariat, Velagapudi, Amaravati. 2. The Joint Collector, Guntur District At Guntur. 3. The Revenue Divisional Officer, Guntur, Guntur District. 4. The Civil Supplies Food Inspector, Medikonduru Mandal, Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate Writ, Order or Direction, particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the 3'"^ respondent in issuing the impugned order bearing Procs. Rc.No. 1914/2024-B1 dt. 30-9-2024 suspending the petitioner's authorization of F.P.Shop No. 0725006 without any show cause notice and without affording me reasonable opportunity of being heard, as being illegal, arbitrary, unjust and unconstitutional and consequently set aside the same and to consider may more T the case of the petitioner by considering the explanation dt. 19-10-2024 S4j.bmitted to the show cause notice dt. 15-10-2024, and to grant such other relief or reliefs as this Hon'bie Court deems fit and proper in the circumstances of the case. lA 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 respondent No.3 herein to allow the petitioner to continue as Fair Price Shop Dealer of Shop No. 0725006, Dokiparru village Medikonduru Mandal, Guntur District, by suspending the impugned order bearing Procs. Rc.No. 1914/2024-BI dt. 30-9-2024 issued by the 3 respondent, pending disposal of the main Writ Petition. *■ / !t >: \\ A f ; rd Counsel for the Petitioner: SRI KJOSEPH Counsel for the Respondents: ASST.GP FOR CIVIL SUPPLIES The Court made the following: ORDER APHC010042912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 2717/2025 Between: Nakka Raju ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.K JOSEPH Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: ORDER:- Heard Sri K.Joseph, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. Challenging the action of the 3'"'^ respondent in issuing the impugned order in Rc.No.1914/2024-B1 dated 30.09.2024 suspending the petitioner’s authorization of Fair Price Shop No.0725006 of Dokiparru Village, Medikonduru Mandal, Guntur District, the present writ petition is filed. 2. 2 The petitioner was appointed as a Fair Price Shop Dealer in the year 2008 on permanent basis, since then the petitioner running the shop without any complaints. However, on 20.09.2024, Vigilance Officials have inspected the Fair Price Shop and found a variation of 759 kgs in Fortified Rice and other essential commodities. Basing on the report of the Vigilance Officials, the 3'^^ respondent issued impugned proceedings dated 30.09.2024, suspending the petitioner’s authorization of Fair Price Shop No.0725006. Subsequently issued notice on 15.10.2024, to the said notice the petitioner has submitted his explanation dated 19.10.2024. 3. The learned counsel for the petitioner relying on the decision of 4. this Court in W.P.No.20240 of 2024, wherein it was held that since the enquiry was not completed within 90 days, the impugned order was set aside. The counsel contends that the petitioner should be allowed to continue operating the Fair Price Shop. Learned Assistant Government Pleader for Civil Supplies appearing for the respondents contended that since the proceedings regarding the variation in stock are pending before the Revenue Divisional Officer, pursuant to the show cause notice issued on 15.10.2024. The order of interim suspension was rightly passed, to prevent further irregularities being committed by the petitioner. 5. 3 6. Having regard to the contentions advanced and the facts and circumstances of the case, following the decision of this Court in W.P.No.20240 of 2024, the order impugned in the writ petition, being a suspension-cum-showcause notice to cancel the authorization, to the extent of suspension, is set aside. 7. The writ petition is allowed. The impugned order dated 30.09.2024 is set aside, to the extent of suspension of the license. 8. The respondents are at liberty to continue the enquiry, pursuant to the show cause notice issued for cancellation of the authorization and pass appropriate orders. Meanwhile, the authorization of the petitioner shall continue, pending further orders on the show cause notice for cancellation of authorization. 9. With the above observation, the Writ Petition is allowed. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// S OFFICER To 1. The Principal Secretary, Food, Civil Supplies & Consumer Affairs Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District. 6 /r'i 2. The Joint Collector, Guntur District At Guntur. 3. The Revenue Divisional Officer, Guntur, Guntur District. 4. The Civil Supplies Food Inspector, Medikonduru Mandal District. 5. One CC to Sri K.Joseph, Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court of Andhra 7. Three CD Copies. Guntur i Pradesh. [OUT] gi HIGH COURT DATED:05/02/2025 ORDER WP.No.2717 of 2025 #■ X 2 8 FEB 2025 i Current section to ALLOWING THE WRIT PETITION WITHOUT COSTS