IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAW WRIT PETITION NO: 3174 OF 2025 AMARAVATU^^^^ Between; Gaddam Harinatha Reddy, S/o.Thimma Reddy Hindu aqed 55 vears / Dealer of Shop No. 1150003 R/o Boreddiaarioall’i H/o.Pool,kunta Village, Galiveedu Mandal, Y.S.R. Kadapa dTsM ...Petitioner AND ^ ■ Govp,?fm»nI i rep- by its Principal Secretary to / VPipnam.H^ '1® Department, Secretariat Buildings / Velagapudi, Amaravathi, Guntur District. ^ 2. The Joint Collector (CS), Y.S.R.Kadapa District J3. The Revenue Divisional Officer, Rayachoty, Y.S.R.Kadapa District 4. The Tahsildar, Galiveedu Mandal, Y.S.R.Kadapa District /5. The Deputy Tahsildar, M.L.S.Point, L.R.Palli (M), Annamayya District H/o.Poo,ikunta ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ order or direction, nature of Writ of Mandamus declaring the action of the 3rd Respondent i passing the impugned order vide may more particularly one in the in Ref.NprC/702/2024 dt.23.10.2024 suspending the Petitioner's authorization of Fair Price Shop No. 1150003, Village, Galiveedu Mandal, r/o. Boreddigaripalli H/o. Poolikunta Y.S.R. Kadapa District pending violative of Principles of Natural Justice enquiry, as illegal, arbitrary, unconstitutional and contrary to provisions of the Essential Commodities Act and the A.P.State Targeted Public Distribution System Control Order 2018, by setting aside the same and consequently direct the respondents No 2 to 6 to release the Essential Commodities petitioner for the Fair Price Shop No. 1150003 of Boreddigaripal li H/o.Poolikunta Village, Galiveedu Mandal to the Y.S.R. Kadapa District. lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition pleased to suspend the proceedings vide Ref.No.C/702/2024 issued by the 3rd respondent and direct the respondents to release the as dealer for the High Court may be dt.23.10.2024 essential commodities and to allow the petitioner to function Fair Price Shop No. 1150003 of Boreddigaripalli Galiveedu Mandal, Y.S.R. Kadapa District by regularly supplying commodities pending disposal of the writ petition before this Hon'ble Court. H/o.Poolikunta Village, essential Counsel for the Petitioner: SRI HABIBULLA SHAIK Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010057372025 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) 3459 TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE GSpresent THE HON'BLE SMT. JUSTICE JAGADAM SUMATHI WRIT PETITION No.3174 OF 2025 Between: Gaddam Harinatha Reddy Petitioner and State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Secretariat, Velagapudi, Amaravathi, Guntur District and 5 others Counsel for the petitioner Counsel for the respondents Respondents Mr. Habibulla Shaik Learned Asst. Government Pleader for Civil Supplies The Court made the following ORDER: The Writ Petition is filed by the petitioner seeking to issue a Writ of Mandamus by declaring the action of the 3'^'^ respondent in issuing the proceedings vide Ref.No.C/702/2024, dated 23.10.2024, suspending the authorization of the dealership of petitioner’s Fair Price Shop No.1150003, situated at Boreddigaripalli, H/o.Poolikunta Village, Gaaliveedu Mandal, YSR Kadapa District as illegal, arbitrary, un-constitutional and in violation of the principles of natural ¥ 2 WP No. justice and contrary to the provisions of Essential Commodities Act, 1955 and to the A.P. State Targeted Public Distribution System (Control) Order, 2018 (for short, ‘the Control Order, 2018’), consequently set-aside the same and direct the respondent Nos.2 to 6 to release stock to the aforesaid Fair Price Shop of the petitioner. 2. Brief facts of the case: The petitioner's father, a permanent dealer of FPS No. 1150003 in Boreddigaripalli, passed away on 23.01.2019. The petitioner was appointed as a permanent dealer on compassionate grounds on 13.03.2019. Following a complaint from P. Reddeppa Reddy, alleging that the petitioner submitted counterfeit educational th certificates and an Aadhaar card during his appointment, the 4 respondent conducted an inquiry and reported to the 3'"^ respondent. Based on this report, and without providing notice, a personal hearing, or access to the complaint and inquiry report, the 3 rd respondent suspended authorization of his FPS No. 1150003 on 23.10.2024. Aggrieved by the same present writ petition is filed. rd 3. Learned counsel for the petitioner submits that the 3 respondent has suspended the authorization of the petitioner’s FPS on the grounds that the petitioner submitted fraudulent educational -j 3 JS, J WP No.3174/2025 certificates at the time of his appointment. Furthermore, the impugned proceedings indicate that during the enquiry opportunity for a personal hearing must be provided to the petitioner to submit his explanation regarding the show-cause notice before finalization of the enquiry, in accordance with the Control Order, 2018. Learned counsel further submits that till date, no such enquiry has been initiated against the petitioner, but the respondent has been directed to make alternative arrangements for the distribution an of stock. Therefore, without delving into the merits of the case, this Court finds it appropriate to set aside the impugned proceedings dated 23.10.2024, issued by the 3'^^ respondent. 4. Accordingly, the impugned suspension proceedings, dated 23.10.2024, issued by the 3'^ respondent, are set aside by directing the respondents to conduct an enquiry by giving an opportunity of personal hearing to the petitioner and pass appropriate orders within two (2) months from the date of receipt of a copy of this order. Till such time, the respondents are directed to restore the authorization 5. 4 JS, J WP No.3174/2025 of the dealership of the petitioner’s FPS No. 1150003 and release the stock to his Shop. 6. With the above directions, the Writ Petition is disposed of. No costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- A. ViJAYA BABU ASSSSTANT REGISTRAR ^ %- //TRUE COPY// To, SECTION OFFICER X The Principal Secretary to Government, Civil Supplies Department State of Andhra Pradesh, Secretariat Buildings, Velagapudi Amaravathi, Guntur District. 2..The Joint Collector (CS), Y.S.R.Kadapa District. 3. The Revenue Divisional Officer, Rayachoty, Y.S.R.Kadapa District. 4. The Tahsildar, Galiveedu Mandal, Y.S.R.Kadapa District. %: The Deputy Tahsildar, M.L.S.Point, L.R.Palli (M), Annamayya District. 6. The Village Revenue Assistance, Boreddigaripalli H/o.Poolikunta , Village, Galiveedu Mandal, Y.S.R.Kadapa District. 7/One CC to Sri Habibulla Shaik, Advocate [OPUC]^ 8. Two CCs to GP for Civil Supplies, High Court of Andjira Pradesh. [OUT] 9> Tw^CD Copies RAM HIGH COURT DATED:11/03/2025 S 25 MAR 2025 r Current uecuon . ORDER WP.No.3174 of 2025 DISPOSING OF THE WP WITHOUT COSTS