Extracted from the PDF above. The PDF is authoritative.
APHC010565442025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY,THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 29276/2025
Between:
1. CHIRUVURI VENKATAPATHY RAJU, AGED 75 YEARS, DEALER F.P. SHOP NO. 308018 KONAM VILLAGE, CHEEDIKADA MANDALAM, ANAKAPALLI DISTRICT.
...PETITIONER AND
1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY,
CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
2. THE JOINT COLLECTOR CS, CIVIL SUPPLIES, ANAKAPALLI DISTRICT.
3. THE REVENUE DIVISIONAL OFFICER CS, NARSIPATNAM.
4. THE TAHSILDAR CS, CHEEDIKADA MANDAL, ANAKAPALLI DISTRICT.
5. THE DEPUTY TAHSILDAR CS, CHEEDIKADA MANDAL, ANAKAPALLI 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 topleased to issue a writ or direction, more particularly one in the nature of the WRIT OF MANDAMUS, declaring the action of the Respondent No. 3 in issuing the Proceedings vide Rc.No. 1015/2025/LRDT dated- 18.10.2025, suspending the Petitioners authorisation pertaining to Fair-price shop no. 0308018, situated at Konam Village, Cheedikada Mandalam, Anakapalli District without conducting any enquiry or assigning any reasons and without following the procedure as contemplated under Andhra Pradesh state Targeted Public
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Distribution System (Control) Order, 2018 as illegal, arbitrary, violation of principles of natural justice, contrary to the Andhra Pradesh state Targeted Public Distribution System (Control)
Order, 2018, besides being violative of the petitioners rights guaranteed under Article 14, and 21 of the Constitution of India and consequently set-aside the same 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 to continue the petitioner as Fair shop dealer for Fair-price shop no. 0308018, situated at Konam Village, Cheedikada Mandalam, Anakapalli District by suspending the Proceedings issued by the 3rd respondent vide Rc.No. 1015/2025/LRDT dated- 18.10.2025 and pass
Counsel for the Petitioner:
1. T S B V RAMA REDDY
Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES
The Court made the following:
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The Court made the following Order:
It is the case of the petitioner that he was appointed as a permanent Fair Price Shop Dealer for Shop No.0308018 situated at Konam Village, Cheedikada Mandal, Anakapalli District. It is further the case of the petitioner that he has been distributing essential commodities to the cardholders to the utmost satisfaction of the authorities concerned. 2. It is stated that, while so, on 14.10.2025, the 5th respondent conducted an inspection at the fair price shop of the petitioner and found certain variations in the stock. In pursuance thereof, a report dated 15.10.2025 was forwarded to the 3rd respondent so as to initiate action against the petitioner. Consequent thereto, the 3rd respondent issued a show cause notice dated 18.10.2025, which was served on the petitioner on 21.10.2025, calling upon him to submit an explanation as to why his authorization shall not be cancelled by suspending his authorization. 3. Pursuant to the said show cause notice, the petitioner submitted an explanation dated 22.10.2025 to the 3rd respondent, and the same is under consideration. When the matter is seized of by the 3rd respondent, the petitioner approached this Court by filing the present writ petition questioning the show cause notice
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dated 18.10.2025 on the ground that his authorization was cancelled without following the procedure contemplated under law. 4. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. Perused the material available on record. 5.
It is not in dispute that the 5th respondent carried out an inspection on 14.10.2025 at the fair price shop of the petitioner and found certain variations in the stock. It is also not in dispute that the 3rd respondent issued a show cause notice dated 18.10.2025, to which the petitioner submitted his explanation on 22.10.2025 and the matter is seized by the 3rd respondent. The petitioner, having submitted explanation to the show cause notice, it is not open for him to approach this Court by filing the present writ petition especially when the matter is seized by the competent authority. 6. Having considered the submissions made by both the
learned counsel, this Court deems it appropriate to dispose of the writ petition by directing the 3rd respondent to pass appropriate orders pursuant to show cause notice dated 18.10.2025, within a period of four (4) weeks from the date of receipt of a copy of this
order. It is needless to mention that, before passing such orders,
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the 3rd respondent shall afford opportunity of hearing to the petitioner.
7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, pending applications, if any, shall stand closed.
_____________________ JUSTICE T.C.D. SEKHAR
24th October, 2025 cbn
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16 HON’BLE SRI JUSTICE T.C.D.SEKHAR
WRIT PETITION No.29276 of 2025
24th October, 2025
cbn