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2025 DAILYLAW 59543 (AP)

Smt.Bodela @ Gudisa Sarada v. State of Andhra Pradesh,

WP/36283/2025 · 2025-12-29

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010699622025 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: 36283/2025 Between: 1. SMT.BODELA @ GUDISA SARADA, W/O RAM BHUPAL REDDY AGE- 42 YEARS, OCC- FP SHOP DEALER OF SHOP NO.0707039, K.V.PALEM VILLAGE ATCHAMPET MANDAL, PALANADU DIST. PIN-522401 ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DIST. PIN- 522237 2. THE COLLECTOR CS, PALANADU DIST., AT NARASARAOPET. PIN- 522601 3. THE REVENUE DIVISIONAL OFFICER, SATTENAPALLI TOWN, PALANADU DIST. PIN- 522403 4. THE TAHSILDAR, ATCHAMPET MANDAL, PALANADU DIST. PIN- 522401 5. THE DEPUTY TAHSILDARCS, ATCHAMPET MANDAL, PALANADU DIST. PIN- 522401 6. SMT BODELA PUSHPAVATHI, W/O LEELA SIVA RAMI REDDY PRESIDE, SRI VIGNESWARA MAHILA PODUPU GROUP KOGANTIVARIPALEM VILLAGE, ATCHAMPET MANDAL PALNADU DIST. PIN 522409 2 ...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 preferably writ of mandamus declaring the order issued by the 3rd respondent vide R.C.No.3566/2025-C dt1-12-2025 suspending the petitioners authorization in respect of FP Shop No.0707039, K.V.Palem Village, Atchampet Mandal, Palanadu Dist., and entrusting the distributing work to the 6th respondent vide proceedings Rc.No.3566/2025-C dt-2-12-2025 without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order, 2018 and without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted Public Distribution System (Control). Order, 2018 is illegal, arbitrary, and violative of principles of natural justice and consequentially set aside the impugned orders dt1- 12-2025 and 2-12-2025 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 to Suspend the impugned order passed by the 3rd respondent vide R.C.NO.3566/2025-C dt;1-12-2025 & 2-12-2025 in respect of FP Shop No.0707024, Oravakallu Village, Atchampet Mandal, Palanadu 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. SOURI BABU DUPPATI 2. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Civil Supplies appearing for the respondent Nos.1 to 5 and the learned counsel for the 6th respondent. 2. The learned counsel for the petitioner submits that the petitioner was conducting a Fair Price Shop bearing No.0707039 at K.V. Palem Village, Atchampet Mandal, Palnadu District, for the last 18 years, without there being any complaint. 3. It is submitted that on 25.11.2025, a show-cause notice was issued to the petitioner calling upon her to explain the alleged variation in the stock available with the petitioner in the Fair Price Shop. 4. It is submitted that the petitioner submitted reply on 28.11.2025, stating that the petitioner at the behest of the political pressures was pressurized to surrender her license and on refusal of the same, a motivated show-cause notice has been issued. 5. It is submitted that the petitioner had clarified that the said excess rice was available for the last 4 years and on account of the software glitches from the respondent online platform and the persistent server problem, could not update the stock details. 6. It is submitted that the petitioner’s stock registers are available and are to be verified. 7. It is submitted that at the time of issuance of the show-cause notice, the petitioner’s license to run the shop was suspended and subsequently, the 3rd 4 respondent has issued the impugned order dated 01.12.2025, suspending the license of the petitioner. 8. It is also submitted that the 3rd respondent has not appropriately considered the petitioner’s explanation and in a haste, has identified the 6th respondent to run the shop even before the final orders are passed and enquiry is pending. 9. The learned Assistant Government Pleader appearing for the respondent Nos.1 to 5 submits that the enquiry is pending and final orders shall be passed after conducting the due enquiry. 10. It is also submitted that the 6th respondent is now conducting the said shop and that she has completed all the required formalities such as depositing of the amounts as required for supply and stock is also delivered to the 6th respondent. 11. The learned counsel for the 6th respondent submits that the 6th respondent has also filed a caveat and requested time to file counter-affidavit. 12. Be that as it may, the impugned order of the 3rd respondent dated 01.12.2025 do not reflect the explanation submitted by the petitioner and no further enquiry appears to have been conducted by the 3rd respondent. 13. Pending enquiry, the order suspending the petitioner’s license to conduct the shop shall be kept in abeyance and it is made clear to the 3rd respondent to complete the enquiry within a period of one (01) month from the date of receipt of a copy of this Order, duly granting an opportunity of hearing to the petitioner with the same is acceptable to the 6th respondent. 5 14. With the above observation, this Writ Petition stands disposed of, considering that the said arrangement of the 6th respondent as a dealer as an interim measure, the petitioner shall be permitted to run the said shop and also supplies to be ensured to the petitioner. No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ___________________ JUSTICE HARINATH.N SCH 6 241 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.36283 of 2025 Date: 30.12.2025 SCH