APHC010107652022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6490/2022 Between: 1. GUDIVADA LAKSHMI KANTHA RAO, , S/O. VENKATESWARLU, AGED ABOUT 58 YEARS, OCC- FP SHO DEALER OF SHOP NO. 0732063 KOLAKALURU VILLAGE, TENALI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH STATE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUB COLLECTOR AND SUB DIVISIONAL MAGISTRATE, TENALI, GUNTUR DISTRICT. 3. THE TAHSILDAR, TENALI, MANDAL, GUNTUR 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 Hon'ble Court may be pleased to issue a Writ or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in cancelling my authorization vide Rc.No. 745/2021-DT, Dt. 02.02.2022 without conducting any enquiry is illegal, arbitrary and violation of principles of natural Justice and consequently set aside the same and pass IA NO: 1 OF 2022 2 VS,J W.P.No.6490 of 2022 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 suspend the proceedings vide Rc.No. 745/2021-DT, Dt. 02.02.2022 issued by the 2nd respondent by continuing the petitioner as FP Shop Dealer of Shop No. 0732063 of Kolakaluru Village, Tenali Mandal, Guntur District, Andhra Pradesh State, pending disposal of the writ petition, and pass Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.6490 of 2022 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.6490 of 2022 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in cancelling my authorization vide Rc.No.745/2021-DT, Dt.02.02.2022 without conducting any enquiry is illegal, arbitrary and violation of principles of natural Justice and consequently set aside the same…” 2. The petitioner was appointed as a Fair Price Shop Dealer in respect of Shop No.0732063 of Kolakaluru Village, Tenali Mandal, Guntur District. Since the date of appointment, the petitioner has been distributing essential commodities to the cardholders. 3. While so, on 18.06.2021, the Civil Supplies Deputy Tahsildar, Tenali along with Village Revenue Officers conducted a surprise inspection of the Fair Price Shop of the petitioner. On inspection, certain irregularities were noticed and an inspection report dated 21.06.2021 was submitted. Basing on the said report, a show cause notice dated 03.07.2021 was issued to the petitioner alleging non-distribution of stocks through MDU, possession of excess stocks of Sortex rice and PMGKY rice and diversion of Public Distribution System rice into the black market. 4. The petitioner submitted his explanation on 07.01.2022 denying the allegations. As the explanation was found to be not satisfactory, the authorization of the petitioner was suspended pending enquiry. Aggrieved by 4 VS,J W.P.No.6490 of 2022 the suspension, the petitioner approached this Court by filing W.P.No.17880 of 2021, which was disposed of directing the authorities to complete the enquiry within a period of three months. 5. In compliance with the said directions, the Tahsildar, Tenali conducted a detailed enquiry, examined the cardholders and submitted a report holding that the petitioner was obtaining fingerprints of the cardholders without actual distribution of essential commodities and diverting the Public Distribution System rice into the black market. Thereafter, the 2nd respondent afforded personal hearing to the petitioner on 07.01.2022. 6. On consideration of the enquiry report, the material placed on record and the explanation offered by the petitioner, the 2nd respondent passed the impugned proceedings dated 02.02.2022 cancelling the authorization of the petitioner. Aggrieved by the same, the present writ petition is filed. 7. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 8. The learned counsel for the petitioner contended that the impugned orders were passed even without conducting proper enquiry by violating the principles of natural justice. 9. Per contra, the learned Assistant Government Pleader for Civil Supplies submitted that a detailed enquiry was conducted in compliance with the directions of this Court, statements of cardholders were recorded, personal 5 VS,J W.P.No.6490 of 2022 hearing was afforded to the petitioner and the impugned order was passed strictly in accordance with the provisions of the A.P. State Targeted Public Distribution System (Control) Order, 2018. 10. It is evident from the record that the petitioner gave inconsistent explanations at different stages with regard to possession of excess stock. At the time of inspection, it was stated that the rice was purchased from cardholders; in the written explanation, it was stated that the stock belonged to a third party; and during personal hearing, it was stated that the rice was kept by unknown traders. 11. On a perusal of the material available on record, this Court finds that the petitioner was issued a show cause notice, his explanation was obtained, a detailed enquiry was conducted by affording an opportunity of personal hearing pursuant to the earlier directions of this Court. 12. In view of the same, this Court does not find any procedural irregularity or illegality in warranting interference under Article 226 of the Constitution of India. Therefore, the writ petition is liable to be dismissed. 13. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :01.12.2025 JLV 6 VS,J W.P.No.6490 of 2022 319 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO:6490/2022 Date :01.12.2025 JLV