APHC010712612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 36442/2025 Between: 1. T SUJATHA, W/O K.VENKATESWARLU AGE 41 YEARS, OCC F.P. SHOP DEALER FOR SHOP NO. 1342017, KANALAPALLI VILLAGE GOSPADU MANDAL, NANDYAL DIST.-518674 ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DIST. - 2. 2. THE COLLECTOR CS, NANDYAL DIST., AT NANDYAL.-518502 3. THE REVENUE DIVISIONAL OFFICER, NANDYAL DIVISION, NANDYAL DIST.-518502 4. THE TAHSILDAR, GOSPADU MANDAL, NANDYAL DIST.-518674 ...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.No.B3/CS/2508/2025 dt 23-12- 2025 suspending the petitioners authorization in respect of FP Shop No.1342017, Kanalapalli Village, Gospadu Mandal, Nandyal Dist., without 2 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 23-12-2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual, and 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 Suspend the impugned order passed by the 3rd respondent vide Rc.No.B3/CS/2508/2025 dt:23-12-2025 in respect of FP Shop No. 1342017, Kanalapalli Village, Gospadu Mandal, Nandyal 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 ORDER: The petitioner is aggrieved by the order dated 23.12.2025, whereby, the petitioner’s license for running the Fair Price Shop has been suspended on account of not being able to satisfy the 3rd respondent with regard to the show-cause notice. 2. The learned counsel for the petitioner submits that the petitioner has been running the Fair Price Shop for the last 17 years, without there being any complaints. 3. It is submitted that the 3rd respondent has issued the show-cause notice on 15.11.2025, whereby, the petitioner was called upon to submit an explanation with regard to the variation in the stock of fortified rice of 140 KGs and the variation in the stock of sugar about 18 KGs. The sugar was found in the deficit whereas, the rice was found 140 KGs more than the stock registered. 4. It is submitted that the petitioner submitted the reply on 03.12.2025, however, on 23.12.2025, the 3rd respondent passed an order by framing three charges and considering the reply submitted by the petitioner to the 1st charge as the explanation for the other two charges, which are framed by the 3rd respondent at the time of passing the order of suspension dated 23.12.2025. 5. The learned Assistant Government Pleader appearing for the respondents, on instructions submits that the petitioner has admittedly utilized 4 18½ KGs of sugar (i.e., 37 packets, each weighing 500 grams) at a temple on account of Kartika Somavaram, as admitted by her in the reply. 6. It is submitted that the petitioner has no authority to utilize the said stock and having admitted the same, the impugned order would not require any interference. 7. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents and perused the material on record. 8. Considering the submissions of the learned counsel for the petitioner that the show-cause notice would refer to only one charge framed against the petitioner and the explanation submitted by the petitioner would relate to said charge only, however, the impugned order of the 3rd respondent dated 23.12.2025, refer the two other charges, which find place for the first time in the impugned order, the petitioner was unable to submit explanation for the additional charges framed and answered by the 3rd respondent at the time of passing the impugned order. 9. 9. On these considerations, this Writ Petition is disposed of by setting aside the impugned order dated 23.12.2025 and pending enquiry, the petitioner shall be permitted to continue the Fair Price Shop bearing No.1342017. No costs. 10. It is made clear to the 3rd respondent that the petitioner shall be provided an opportunity of hearing while conducting enquiry. 5 As a sequel, miscellaneous applications pending, if any, shall also stand closed. ___________________ JUSTICE HARINATH.N SCH 6 247 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.36442 of 2025 Date: 30.12.2025 SCH