APHC010360832024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 18447/2024 Between: 1. SRI KONDROTHU ESWARARAO,, S/O NEELAKANTAM, AGED ABOUT 38 YEARS, OCC F.P SHOP DEALER, F.P.SHOP NO.0223029, R/O. PATTIKAYAVALASA VILLAGE, CHEEPURUPALI MANDAL, VIZIANAGARAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT AT SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, VIZIANAGARAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, CHEEPURUPALLI, VIZIANAGARAM DISTRICT. 4. THE TAHSILDAR, CHEEPURUPALI MANDAL, VIZIANAGARAM DISTRICT. 5. CIVIL SUPPLIES DEPUTY TAHSILDAR, CHEEPURUPALLI MANDAL, VIZIANAGARAM DISTRICT. ...RESPONDENT(S): 2 VS,J W.P.No18447 of 2024 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, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in passing the impugned order vide Rc.No.318/2024 SA dated 06.08.2024 suspending the Petitioner's authorization of Fair Price Shop (FPS) No. 0223029, Pattiakayavalasa Village of Cheepurupalli Mandal, Vizianagaram District as illegal, arbitrary, unconstitutional, violative of Principles of Natural Justice and contrary to provisions of the Essential Commodities Act and the A.P 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.0223029 Pattikayavalasa Village, Cheepurupalli Mandal, Vizianagaram District. Counsel for the Petitioner: 1. S.V.S.S.SIVA RAM Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No18447 of 2024 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamus declaring the action of the 3rd Respondent in passing the impugned order vide Rc.No.318/2024 SA, dated 06.08.2024 suspending the Petitioner's authorization of Fair Price Shop (FPS) No.0223029, Pattikayavalasa Village of Cheepurupalli Mandal, Vizianagaram District as illegal, arbitrary, unconstitutional, violative of Principles of Natural Justice and contrary to provisions of the Essential Commodities Act and the A.P 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.0223029 Pattikayavalasa Village, Cheepurupalli Mandal, Vizianagaram District.” 2. The case of the petitioner, in brief, is as follows: a) The petitioner was appointed as the permanent Fair Price Shop dealer of Shop No.0223029, Pattikayalavalasa Village, Cheepurupalli Mandal, Vizianagaram District in the year 2006. Since then, the petitioner has been distributing the essential commodities to the cardholders without any complaints either from the cardholders or the concerned authorities. The said 4 VS,J W.P.No18447 of 2024 authorization was renewed from time to time. The petitioner applied for renewal on 20.03.2025 by paying challan. b) While the matter being so, on 10.07.2025, 5th respondent along with Mandal Revenue Inspector, Cheepurupalli Mandal, inspected the petitioner’s Fair Price Shop and found certain variation of stocks, prepared a mediator’s report and pursuant to the same, the inspecting authorities i.e., 4th respondent submitted a report to the 3rd respondent on 18.07.2025 without giving the petitioner an opportunity to submit his reply. c) Basing on the report of 4th respondent, the 3rd respondent issued a Show Cause Notice, dated 27.07.2024 and the petitioner also submitted his explanation. Without considering the said explanation, the 3rd respondent passed by the impugned proceedings suspending the authorization of the petitioner until further orders. Aggrieved by the said proceedings, the petitioner filed the present writ petition. 3. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 4. Learned counsel for the petitioner submits that the respondents without following the due procedure, suspended the petitioner’s authorization. It is further submitted that pending the present writ petition the petitioner herein filed W.P.No.22847 of 2025 to declare the action of the respondents 2 to 5, 5 VS,J W.P.No18447 of 2024 neither suspension or cancellation of petitioner authorization, in not releasing the essential commodities and not allowing the petitioner to run his Fair Price Shop and the same was disposed on 01.09.2025 by this Court directing the respondents to supply the essential commodities to the petitioner’s Fair Price Shop, pending initiation/finalization of the disciplinary proceedings, if any, and also hand over the E-Pos machine to the petitioner and hence, in view of orders passed in W.P.No.22847 of 2025, no orders are necessary in the present Writ Petition. 5. Accordingly, recording the said submission, the Writ Petition is closed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. __________________ JUSTICE V.SUJATHA Date: 06.10.2025 ARB 6 VS,J W.P.No18447 of 2024 HON’BLE SMT JUSTICE V.SUJATHA Writ Petition No.18447 of 2024 Date: 06.10.2025 ARB