Extracted from the PDF above. The PDF is authoritative.
APHC010082432025
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: 4307/2025 Between: Smt.bodela Sarada ...PETITIONER AND State of Andhra Pradesh and others ...RESPONDENT(S) 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 Order:
This writ petition is filed under Article 226 of Constitution of India seeking the following relief:
“…pleased to issue a writ or direction preferably writ of mandamus declaring the
order issued by the 3rd respondent vide R.C.No.342/2025-C, dt:14-2-2025 suspending/cancellation of the petitioner’s authorization in respect of FP Shop No.0707039, K.V.Palem Village, Atchampet Mandal, Palanadu Dist., without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted Public Distribution System
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(Control) Order, 2018 is illegal, arbitrary, and violative of principles of natural justice and consequentially set aside the impugned order dt:14-2-2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual, and pass…”
02. The petitioner was appointed as permanent dealer of the fair price shop No.0707039, K.V.Palem Village, Atchampet Mandal, Palanadu District by the 3rd respondent vide authorization No.39/ATC/2022-24, dated 03.10.2024.
03. The learned counsel for the petitioner submitted that though the variation of stock i.e., excess of 110 Kgs was shown in respect of fortified rice, the same cannot be separately identified as the very same rice was also supplied for MDM category and if both the stocks are considered together, the variation is within the permissible limit and therefore, the proposed action was illegal.
04. The learned Assistant Government Pleader for the Civil Supplies placed on record the written instructions vide RC.No.71/2025-DT, dated 17.02.2025, which are replica of the impugned order. The variation in the stock is shown as below:
05. As rightly pointed out by the learned counsel for the petitioner, when the fortified rice and MDM fortified rice both are put together, the total variation is still within the permissible limit. Serial No Name of the commodity Stock Balance as per ePos device Ground stocks available in the F P shop Variations 1 MDM Fortified Rice(in Kgs) 66.439 66.439 NIL 2 Fortified Rice 651 761 (+)110 3 Sugar (in packets) 102 102 NIL
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06. As such, the writ petition is disposed of by setting aside the impugned
order vide R.C.No.342/2025-C, dated 14.02.2025. However, the authorities are at liberty to continue with the enquiry as per law, if found necessary.
There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
________________________ JUSTICE B.S.BHANUMATHI Date: 19.02.2025 SCH
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479 HON’BLE Ms. JUSTICE B.S.BHANUMATHI
WRIT PETITION NO: 4307/2025
Date: 19.02.2025 SCH