1 VS,J WP No. 32442 of 2025 APHC010624542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 32442/2025 Between: 1. M SREENIVASULU, S/O OBULESU, AGED ABOUT 50 YEARS, OCC- F.P. SHOP DEALER, SHOP NO. 1212032, KATTAKINDA PALLI VILLAGE, PAMIDI MANDAL, ANANTAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, ANANTAPURAMU DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, GUNTAKAL, ANANTAPUR DISTRICT. 4. THE TAHSILDAR, PAMIDI MANDAL ANANATAPUR 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 any writ order or direction more particularly one in the nature of writ of Mandamus declaring the action 2 VS,J WP No. 32442 of 2025 of the 3rd respondent issued proceedings suspending authorization of F.P.shop No.1212032 of KattaKinda Palli village, Pamidi mandal, Anantapur District in proceedings No. R.C.No.ASO/ 2397/2025-1 dated, 10-11- 2025 without giving any opportunity to file explanation as per show cause notice dated 10-11-2025 is wholly illegal, arbitrary, against the principles of natural justice and well considered provisions of the constitution of India as contemplated under Article .226 of the Constitution of India and consequentially direct the respondents to set aside the above said proceedings by allotting Essential Commodities in favour of the petitioner and to 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 3 and 4 to allot the essential commodities of F.P.shop No.1212032 of Kattakinda Palli village, Pamidi mandal Anantapur District in favour of the petitioner by suspending the proceedings No. R.C.No.ASO/2397/2025-1 dated, 10- 11-2025 pending disposal of the writ Petition and also be pleased to pass Counsel for the Petitioner: 1. INENI VENKATA PRASAD Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 VS,J WP No. 32442 of 2025 The Court made the following Order: The present writ petition is came to be filed under Article 226 of Constitution of India seeking the following relief: “……….to issue any writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent issued proceedings suspending authorization of F.P.shop No.1212032 of KattaKinda Palli village, Pamidi mandal, Anantapur District in proceedings No. R.C.No.ASO/ 2397/2025-1 dated, 10-11- 2025 without giving any opportunity to file explanation as per show cause notice dated 10-11-2025 is wholly illegal, arbitrary, against the principles of natural justice and well considered provisions of the constitution of India as contemplated under Article .226 of the Constitution of India and consequentially direct the respondents to set aside the above said proceedings by allotting Essential Commodities in favour of the petitioner and pass such other order or order as this Hon’ble court may deem fit and proper in the circumstances of the case and in the interest of justice.” 2. The petitioner is appointed as permanent Fair Price Shop dealer in the year 2007, for the shop situated in the Kattakinda Palli village of Pamidi Mandal, Anatapur District. Since the date of his appointment, the petitioner has been discharging his duties as a TPDS dealer to the utmost satisfaction of the card holders and the authorization of the petitioner is also extended from time to time. 4 VS,J WP No. 32442 of 2025 3. While the matter stood thus, the 3rd respondent issued show cause notice dated 10.11.2025 framing four charges as against the petitioner alleging that the Tahsildar, Pamidi Mandal has to proceeded to the petitioner’s fair price shop on 10.10.2025 at 12.15 PM have noticed certain variations in distributing the essential commodities to the Card holders, accordingly a report has been submitted by the Tahsildar on 18.10.2025 to the 3rd respondent herein, basing on which the 3rd respondent issued show cause notice dated 10.11.2025 calling for explanation of the petitioner on or before 29.11.2025. 4. 4. The grievance of the petitioner in the present writ petition is that, instead of waiting for the time mentioned in the show cause notice, the 3rd respondent on the same day i.e., on 10.11.2025 placed the petitioner’s authorization under suspension, challenging which the petitioner constrained to file the present writ petition. 5. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 6. Admittedly, when show cause notice was issued on 10.11.2025 calling for explanation of the petitioner on or before 29.11.2025, the 3rd respondent ought to have waited till the explanation is being submitted by the petitioner. Instead of doing so, on the same day, authorization of the petitioner was placed under suspension. 5 VS,J WP No. 32442 of 2025 7. In view of the same, the suspension orders dated 10.11.2025 are set aside and it is left open to the petitioner to submit his explanation for the show cause notice issued upon him within a period of one (01) week from the date of receipt of a copy of this order. Thereafter, the 3rd respondent shall pass appropriate orders in accordance with the law. In view of the fact that, as the disciplinary proceedings have not been finalized as against the petitioner, the respondents are directed to supply the essential commodities to the petitioner’s fair price shop till any order is passed on the show cause notice dated 10.10.2025. The 3rd respondent is strictly directed to follow the guidelines as directed by this court in W.P.No.24413 of 2025. 8. With the above observations, this writ petition is allowed and there shall be no order as to costs. As a sequel thereto, the miscellaneous applications, pending if any, shall stand closed. __________________ JUSTICE V. SUJATHA Date : 24-11-2025. JAK/MH 6 VS,J WP No. 32442 of 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA 114 WRIT PETITION NO: 32442/2025 Date: 24.11.2025 JAK