IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 2604 OF 2025 Between: Smt. V Anjanamma, W/o. Srinivasulu, Aged 49 years, Occ. F.P.Shop Dealer of Shop.No.1135019, R/o. Mahadevapalli Village, Chakrayapeta Mandal, YSR Kadapa District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Civil Supplies Department, Secretariat Buildings, At velagapudi, Amaravathi Andhra Pradesh The District Collector, YSR Kadapa District at Kadapa. The Joint Collector, YSR Kadapa District at Kadapa. The Revenue Divisional Officer, Pulivendula, YSR Kadapa District. The Tahsildar, Chakrayapeta Mandal, YSR Kadapa District. 2. 3. 4. 5. ...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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing proceedings Ref.No. 1/57/2025 dated 24.01.2025 by suspending the authorization of the petitioner as fair price shop dealer of Shop No.1135019 Mahadevapalli Village, Chakrayapeta Mandal, YSR Kadapa District without there being any valid reason, without issuing any notice to the petitioner as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and consequently set-aside the same and further direct the respondents to continue the petitioner to hold F.P Shop No.1135019, Mahadevapalli Village, Chakrayapeta Mandal, YSR Kadapa 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 direct the respondents to continue the petitioner as F.P. shop Dealer and to supply essential commodities to the petitioners fair F.P Shop No.1135019, Mahadevapalli Village, Chakrayapeta Mandal, YSR Kadapa District by suspending the proceedings of 4th respondent in Ref.No. 1/57/2025 dated 24.01.2025, pending disposal of Writ Petition. Counsel for the Petitioner: SRI. Counsel for the Petitioner: SRI. P NARAHARI BABU Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010051272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 2604/2025 Between: ...PETITIONER V Anjanamma AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner: 1.P NARAHARI BABU Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following Order: This writ petition is filed under Article 226 of Constitution of India seeking the following relief: “...pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4 respondent in issuing proceedings Ref.No.1/57/2025 dated 24.01.2025 by suspending the authorization of the petitioner as fair price shop dealer of Shop No.1135019, Mahadevapalli Village, Chakrayapeta Mandal, YSR Kadapa District without there being any valid reason, without issuing any notice to the petitioner as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14 19(1)(g) of the Constitution of India and also th 2 W.P. No.2604 of 20< violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 and consequently set-aside the same and further direct the respondents to continue the petitioner to hold F.P Shop No. 1135019, Mahadevapalli Village, Chakrayapeta Mandal, YSR Kadapa District and pass...” The petitioner was appointed as permanent dealer of the fair price shop No.11350t9, Mahadevapalli Village, Chakrayapeta Mandal, YSR Kadapa District. 02. The learned counsel for the petitioner submitted that the dealership of the petitioner was suspended on two main charges which are as follows: • 03. i. The F.P. Shop dealer has not produced valid authorization thus, it is clearly established that, the F.P. Shop dealer has violated the Control order Rule No.8(11 )(c) of A.P.S.T.P.D.S. (Control) Order, 2018. ii. The Card holders have stated that they had drawn the essential commodities from the F.P. Shop, not MDU operator for 4 months and had been facing much inconvenience in receiving the essential commodities. He further submitted that in so far as the first charge iJ^ concerned, it is clearly shown as false by filing two copies of challans pertaining to the period from 2017 and 2021, but the respondents are not considering any such evidence and the second charge is frivolous and baseless and was taken only to support the illegal action of the petitioner. 04. The learned Assistant Government Pleader for Civil Supplies vehemently contended that if the dealer had not paid the monthly renewal fee within the time stipulated under Rule 8(11)(c) of the A.P.S.T.P.D.S Control order, 2018, the authorization gets automatically cancelled and therefore, the authorization of the petitioner is not subsisting after 31.03.2024 as is evident from the payment of renewal fee by the petitioner admittedly in the month of He further submitted that by operation of law, the 05. October, 2024. 3 W.P. No.2604 of 2025 authorization gets cancelled and cannot be restored by subsequent payment of renewal fee. In reply, the learned counsel for the petitioner submitted that the authorities have been supplying the commodities till December, 2024 and due to some lapses in non-payment of renewal fee within the time, the 4 respondent had taken harsh action of suspending the dealership of the petitioner by passing the impugned order vide proceeding Ref.No.1/57/2025, dated 24.01.2025. 06. th The learned Assistant Government Pleader submitted that it is only ■ during the curse of inspection, lapses like non-payment of renewal fee would be identified and that the dealer is supposed to place before the inspection authorities valid authorization, but in the present case, there is no such authorization to the petitioner. 07. The learned counsel for the petitioner submitted that the respondents had not declined to renew the authorization on payment of renewal fee and on the other hand, they had supplied the commodities till the recent past. In view of the submission on both sides, the writ petition is disposed of directing the respondents to conclude the enquiry within a period of one (01) month from the date of receipt of a copy of this order. Till then, the impugned order dated 24.01.2025, stands suspended. 08. 09. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR ’ SECTION OFFICER //TRUE COPY// To 1. The Principal Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat Buildings, At velagapudi, Amaravathi, Andhra Pradesh. 2. The District Collector, YSR Kadapa District at Kadapa. 3. The Joint Collector, YSR Kadapa District at Kadapa. 4. The Revenue Divisional Officer, Pulivendula, YSR Kadapa District. 5. The Tahsildar, Chakrayapeta Mandal, YSR Kadapa District. 6. One CC to Sri. P Narahari Babu Advocate [OPUC] 7. Two CCs to GP for Civil Supplies, High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies GSC - HIGH COURT DATED:19/02/2025 ORDER WP.No.2604 of 2025 2 1 MAR 2025 | Current Section r TCW^'-' f/Cj DISPOSING OF THE WP WITHOUT COSTS