m APHC010477372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25164 OF 2025 Between: S.Afjal Basha, S/o Sayed Ahmed Age- 46 years, Occ; F.P. Shop dealer for Shop No. 1381003, Yemmiganur Town and Mandal, Kurnool Dist. ...Petitioner AND 1. State of Andhra Pradesh, rep.by its Principle Secretary Civil Supplies Department, Secretariat, Velagapudi, Guntur Dist. 2. The Collector (CS), Kurnool Dist., at Kurnool. 3. The Revenue Divisional Officer, Adoni Division, Kurnool Dist. 4. The Tahsildar, Yemmiganur Mandal, Kurnool Dist. ...Respondents 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 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.(M) 1207/2025 dt 13-5-2025 petitioners authorization in Town and Mandal of Kurnool Dist. suspending the respect of FP Shop No.1381003, Yemmiganur without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted Public Distribution 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 13-5-2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual. r 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 Suspend the impugned order passed by the, 3rd respondent vide Rc.(M) 1207/2025 dt:13-5-2025 in respect of FP Shop No.1381003, Yemmiganur Town and Mandal of Kurnool Dist., by continuing the petitioner as dealer as usual, pending disposal of the writ petition. Counsel for the Petitioner: SRI M M M SRINIVASA RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: T APHC010477372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25164/2025 Between: 1.S.AFJAL BASHA, S/0 SAYED AHMED AGE- 46 YEARS, OCC- F.P. SHOP DEALER FOR SHOP NO. 1381003, YEMMIGANUR TOWN AND MANDAL, KURNOOL DIST. ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2.THE COLLECTOR CS, KURNOOL DIST., AT KURNOOL. 3.THE REVENUE DIVISIONAL OFFICER, ADONI DIVISION, KURNOOL DIST. 4.THE TAHSILDAR, YEMMIGANUR MANDAL, KURNOOL 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 3rd respondent vide Rc.(M) 1207/2025 dt 13-5-2025 suspending the petitioners authorization in respect of FP Shop No. 1381003, Yemmiganur Town and Mandal of Kurnool Dist., without assigning any valid reasons and without following the. procedure as conteraplated under AP State Targeted Public Distribution System (Control) Order, 2018 is illegal, arbitrary 2 _ , ^ W.P.NO.25164OF 2025 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 13-5-2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual, and pass 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 pleased Suspend the impugned order passed by the 3 Rc.(M) 1207/2025 dt:13-5- 'A'A respondent vide 2025 in respect of FP Shop No.1381003, Yemmiganur Town and Mandal of Kurnool Dist., by continuing the petitioner as dealer as usual, pending disposal of the writ petition. 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.25164OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: to issue Writ Order or orders or direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the 3'^ respondent vide Rc.(M) 1207/2025 dt 13-5-2025 suspending the petitioner’s authorization in respect of FP Shop No. 1381003, Yemmiganur Town and Mandal of Kumool Dist., without assigning any valid and without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order, 2018 is illegal, arbitrary malafide and contrary to provisions of Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 apart from violation of the principles of natural justice and consequentially set aside the impugned order dt 13-5-2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual, and pass.. .- Brief facts of the petitioner’s case is that: reasons 2. a. The petitioner was appointed as a permanent fair price shop dealer for shop No.1381003 of Yemmiganur Town and Mandal of Kurnool District in the year 2005. The petitioner’s authorization has been renewed from time to time and was valid up to 31.03.2025. Subsequently, the renewal fees was paid on 27.02.2025. While the matter being so, on 08.05.2025, the Civil Supply Deputy Tahsildar, Yemmiganur has inspected the shop and verified the stock position with book balance and ground stock. During verification, the authorities found certain variations specifically shortage of the fortified rice at 2002.35 Kgs and jawar 1195 packets(-). Based on the report submitted by the 4'^ respondent, the 3'"' respondent issued a show cause notice on 13.05.2025 to the petitioner suspending his-authorizatron,' pending enquiry. The petitioner b. 4 VS W.P.NO.25164OF 2025 was directed to submit an explanation to the notice as to why his fair price shop should not be cancelled for the above lapses and further directed to nd respondent on 17.05.2025 along with his explanation, appear before the 2 permanent appointment order and authorization and relevant records for enquiry. Challenging which, the present writ petition is filed. Heard learned counsel for the petitioner and learned Assistant 3. Government Pleader for Civil Supplies. On perusal of show cause notice dated 13.05.2025 issued by respondent No.3 to the petitioner for suspending his authorization pending 4. enquiry, it appears that the petitioner was directed to submit explanation to the said notice as to why his authorization should not be cancelled for the lapses mentioned in the said show cause notice and further, the petitioner was directed to appear before respondent No.2 on 17.05.2025 along with his explanation and other relevant records. Though show cause notice was issued for suspending the petitioner’s authorization, the respondents ought to have called for an explanation as to why his authorization shall not be suspended within a particular period of time, instead of doing so, respondent No.2 has called for an explanation as to why his authorization should not be canceled without there being any enquiry as required under the Control Order. In view of the same, the impugned proceedings dated 13.05.2025, are 5. liable to be set-aside, as the petitioner has already submitted his explanation dated 17.05.2025, it may be treated as explanation submitted to the, show iL 5 VS,J W.P.NO.25164OF 2025 cause notice for suspension, but not for cancellation. The respondents are directed to pass appropriate orders, duly considering the petitioner’s explanation within a period of four (04) weeks from the date of receipt of a copy of this order. However, since the disciplinary proceedings initiated against the petitioner have not attained any finality the respondents directed to supply the essential commodities to the petitioner. are 6. Accordingly, the writ petition is allowed by setting aside the proceedings dated 13.05.2025. No costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- SHAIK IWOHD. RAF! assistant registrar .11 //TRUE COPY// SECTION OFFICER To 1. The Principle Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur Dist. 2. The Collector CS, Kurnool Dist., at Kurnool. 3. The Revenue Divisional Officer, Adoni Division, Kurnool Dist. 4. The Tahsildar, Yemmiganur Mandal, Kurnool Dist. 5. One CC to Sri. M M M Srinivasa Rao Advocate [OPUC] 6. Two CCs to GP for Civil Supplies High Court of Andhra Pradesh [OUT] 7. Two CD Copies GSC HIGH COURT DATED: 18/09/2025 ORDER WP NO. 25164 OF 2025 ALLOWING THE WP WITHOUT COSTS