IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 2798 OF 2025 / Between: P Rajeswarai, W/o Srinivasulu, aged about 50 years, Fair Price Shop Dealer of Shop No. 1215013, Uravakonda Town and Mandal, Ananthapuram District ...Petitioner AND / 1. State of Andhra Pradesh, represented by its Principal Secretary Consumer Affairs, Food and Civil Supplies Department, at Secretariat Velagapudi, Amaravathi, Guntur District 2. The Revenue Divisional Officer, Ananthapuram 3. The Revenue Divisional Officer, Guntakal, Ananthapuram District 4. The Tahsildar, Uravakonda Mandal, Ananthapuram District / ...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 a Writ of Mandamus or any other appropriate Writ Writs, Order or Direction, declaring and setting aside the Suspension Show Cause Notice dated 7.12.2020 in Rc.No. DICS/1932/2020 issued by the 2nd Respondent, suspending the authorization/dealership of the petitioner's Shop No. 1215013 of Uravakonda Town and Mandal, Ananthapuram District without conducting the enquiry and not mentioning the period of suspension, as illegal, arbitrary, violative of principles of natural justice and contrary to the law laid down by this Hon'ble Court and consequently direct the Respondents to forthwith continue the petitioner or cum as Fair Price Shop Dealer for Shop No. 1215013 of Uravakonda Town and Mandal, Ananthapuram District 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 to issue interim directions to the Respondents to forthwith allow the petitioner to function as Fair Price Shop Dealer of F.P.Shop 1215013 of Uravakonda Town and Mandal, Ananthapuram District, by regularly supplying essential commodities without reference Suspension cum Show Cause Notice dated DIGS/1932/2020 issued by the Respondent, pending disposal of W P No. of 2025 No. to the 7.12.2020 in Rc.No. Counsel for the Petitioner: SRI N RANGA REDDY Counsel for the Respondents No.1 to 4: GP FOR CIVIL SUPPLIES The Court made the following; Order $4 APHC010051932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) * [3458] 0^ WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 2798/2025 Between: P Rajeswarai ...Petitioner AND State of Andhra Pradesh and others Counsel for the Petitioner: 1.N Ranga Reddy Counsel for the Respondents: 1.GP for Civil Supplies The Court made the following order: The writ petition is filed challenging the suspension cum show-cause notice dated 07.12.2020, issued by the 2"'^ and 3'’^ respondents, suspending the authorization/dealership of the petitioner’s fair price shop, located in Uravakonda Town and Mandal Ananthapuram District, and to show cause as to why the authorisation of the fair price shop should not be cancelled . ...Respondents 2. Heard Sri N.Ranga Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies appearing for the respondents. / • 3. It is contended by the petitioner that pursuant to the impugned the petitioner has submitted her explanation to the show-cause notice, but no orders have been passed, since then. It is stated that the petitioner appointed as a Fair Price Shop Dealer in the year 2007 on permanent basis, since then the petitioner has been running the shop without any complaints. However, on 10.11.2020, vigilance officials of the department have conducted inspection at the fair price shop and found variation in stocks i.e, 294.805 kg of PDS Rice and other essential commodities. Following this, a show cause notice was issued in the year 2020. notice V , was 4. The learned counsel for the petitioner relies on a decision of this Court in W.P.No.20240 of 2024, wherein the order of suspension was set aside since the enquiry in the case was not completed within 90 days. The counsel contends that similar order may be passed in this case also and prays that petitioner may be allowed to operate the Fair Price Shop. 5. Learned Assistant Government Pleader for Civil Supplies appearing for the respondents contends that since the enquiry proceedings regarding variation in the stock are pending before the Revenue Divisional Officer, pursuant to the show cause-notice issued on 07.12.2020, the order of interim suspension was rightly passed to prevent further irregularities being committed by the petitioner. r 3 6. Having regard to the contentions advanced, this Court is of the view that, following the decision of this Court in W.P.No.20240 of 2024, the order impugned in the writ petition, to the extent of suspension of the authorisation, can be set aside. h 7. The writ petition is accordingly allowed setting aside the impugned order dated 07.12.2020 in so far as it relates to suspension of the authorisation of the fair price shop. The respondents are at liberty to continue the enquiry pursuant to the show cause notice issued for cancellation of the authorization. 8. The respondents are at liberty to pass appropriate orders on the proceedings initiated for cancellation of the authorization. Pending final orders on the show cause notice dated 07.12.2020 for cancellation, the authorization of the petitioner shall continue. 8. With the above observation, the Writ Petition is allowed. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. SD/- P.VINOD KUMAR REGISTf^v c5S ef^CER ASSISTANT //TRUE COPY// i SECTI To, 1. The Principal Secretary, State of Andhra Pradesh, Consumer Affairs, Food and Civil Supplies Department, at Secretariat, Velagapudi, Amaravathi, Guntur District 2. The Revenue Divisional Officer, Ananthapuram 3. The Revenue Divisional Officer, Guntakal, Ananthapuram District 4. The Tahsildar, Uravakonda Mandal, Ananthapuram District 5. One CC to SRI N RANGA REDDY Advocate [OPUC] 6. Two CCs to GP FOR CIVIL SUPPLIES, High Court of Andhra Pradesh [OUT] 7. Three CD Copies n or* HIGH COURT DATED: 05/02/2025 ORDER WP.No.2798 of 2025 AND/y^V 5 10 FEB 2025 ^ . Current Section . ' ALLOWING THE WP WITHOUT COSTS