APHC010490142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25947/2025 Between: 1. VEMIREDDY SUBBA REDDY, S/O CHINNAPUR REDDY AGE73 YEARS, OCC FP SHOP DEALER FOR SHOP NO.0837019, DWARAKACHERLA VILLAGE KOMAROLE MANDAL, PRAKASAM DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DIST. 2. 2. THE COLLECTOR CS, PRAKASAM DIST., AT ONGOLE. 3 3. THE SUB COLLECTOR, . MARKAPUR TOWN, PRAKASAM DIST. 4. 4. THE TAHSILDAR, KOMAROLE MANDAL, PRAKASAM DIST. ...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 Writ Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the 3 Rc.C/230/2025 dt28-7-2025 suspending the petitioners authorization in respect of the No.0837019, Dwarakacherla Village, Komarole Mandal, Prakasam Dist., without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted System (Control) Order, 2018, is illegal, arbitrary malafide and contrary to provisions 2 VS,J W.P.No.25947 of 2025 of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018 apart from violation of the principles of natural justice and consequentially set aside the impugned order dt28-7-2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual, and pass any other order this Honble Court may deem fit in the interest of Justice. 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 issue Writ Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the 3 Rc.C/230/2025 dt;28-7-2025 suspending the petitioner’s authorization in respect of the No.0837019, Dwarakacherla Village, Komarole Mandal, Prakasam Dist., without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted System (Control) Order, 2018, is illegal, arbitrary malafide and contrary to provisions of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018 apart from violation of the principles of natural justice and consequentially set aside the impugned order dt:28-7-2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual, and pass any other order this Hon’ble Court may deem fit in the interest of Justice. Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.25947 of 2025 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.25947 of 2025 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue Writ, Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the 3rd respondent vide Rc.C/230/2025, dt.28.7.2025 suspending the petitioner’s authorization in respect of the No.0837019, Dwarakacherla Village, Komarole Mandal, Prakasam Dist., without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted System (Control) Order 2018, is illegal, arbitrary malafide and contrary to provisions of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018 apart from violation of the principles of natural justice and consequentially set aside the impugned order dt.28.7.2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual and pass any other order this Hon’ble Court may deem fit in the interest of Justice…” 2. The petitioner is a permanent Fair Price Shop dealer for shop No.0837019, Dwarakacherla Village, Komarole Mandal, Prakasam District. His authorization is valid upto 31.03.2025. The petitioner has also paid renewal fee on 09.09.2025. The case of the petitioner is that he has been running the Fair Price Shop for the past 35 years without any complaint from anybody whatsoever. 3. While the matter stood thus, on 10.04.2025 at about 10.00 a.m., the Enforcement Food Inspector, Giddalur, inspected the petitioner’s shop and found an alleged variation of PDS rice 1960 kgs less(-), MDM Fortified rice 1790kgs (-) and Sugar 7 packets excess (+). Thereafter, the Tahsildar 4 VS,J W.P.No.25947 of 2025 submitted a report to the 3rd respondent, who in turn issued a show cause notice on 30.05.2025 calling for an explanation from the petitioner within a period of seven days from the date of receipt of the said notice. For which, the petitioner submitted an explanation on 09.06.2025 requesting to drop further proceedings. Despite considering the explanation submitted by the petitioner, the 3rd respondent passed the impugned proceedings dated 28.07.2025 suspending the petitioner’s authorization pending further enquiry. 4. During the course of arguments, learned counsel for the petitioner stated that after passing of the impugned order by the 3rd respondent on 28.07.2025, the petitioner obtained documents to establish that he had supplied rice to the MPP School, Pittireddypalle Village, from the month of April, 2024 onwards and as such requested this Court to give him liberty to furnish all those documents during the course of enquiry pending before the 3rd respondent. 5. In view of the same, instead of going into the merits of the case, the Writ Petition is disposed of giving liberty to the petitioner to submit all the relevant documents to establish his case during the course of enquiry pending before the 3rd respondent and the same may be considered. The 3rd respondent is also directed to complete the enquiry as expeditiously as possible, preferably within a period of three (03) months from the date of the receipt of the copy of this order. No costs. 5 VS,J W.P.No.25947 of 2025 As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :07.10.2025 JLV 6 VS,J W.P.No.25947 of 2025 177 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25947/2025 Date :07.10.2025 JLV