I 0 APHC010111472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ^ (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6035 OF 2025 Between: Nadupuru Ammulu, W/o Laxmi Naryana, Aged about 45 years, Occ: FP Shop Dealer, R/o 1-197 Pedda Street Tirlangi Village, Tekkali Mandal, Srikakulam District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by Its Principal Secretary Civil supplies Dept, Secretariat Velagapudi Amaravati Guntur District. The Joint Collector (Civil Supplies), Srikakulam District. The Revenue Divisional Officer, Tekkali Division, Srikakulam District. The Tahsildar (Civil Supplies), Tekkali Mandal, Srikakulam District. The Dy. Tahsildar (Civil Supplies), Tekkali Mandal, Srikakulam District. The Village Revenue Officer, Tirlangi Village, Tekkali Mandal, Srikakulam District. The Village Revenue Assistant, Tirlangi Village, Tekkali Mandal, Srikakulam District. The Sub Inspector of Police, Vigilance & Enforcement Office. Visakha B Colony, Srikakulam town & District. 2. 3. 4. 5. 6. 7. 8. ...Respondent 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 to declare the Impugned proceedings of the 3rd Respondent vide Rc.No.651//2024CS-F dt 18.02.2025 cancelled the petitioner F.P. Shop Authorization pending enquiry is highly illegal, arbitrary violation of Articles 14,21 and 300 (A) of the Constitution India and against the orders of this Hon'ble Court in WP.NO.500/2020 dt 8.1.2020 and in wp.no.28101/2024 dt 02.12.2024 and against Clause 20 (i) of Control Order, 2018 and also violation of the principles of natural Justice consequently set- impugned proceedings of the 3rd Respondent vide Rc.No.651//2024CS-F dt 18.02.2025. aside the 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 Suspend the Impugned Proceedings of the 3rd Respondent vide RC.No.651//2024CS-Fdt 18.02.2025. Counsel for the Petitioner: SRI TOTA TEJESWARA RAO Counsel for the Respondent Nos. 1 to 7: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.8: GP FOR HOME The Court made the following order; APHC010111472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SgS [3333] TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6035/2025 Between: 1.NADUPURU AMMULU, W/0 LAXMl NARYANA, AGED ABOUT 45 YEARS, OCC FP SHOP DEALER, TIRLANGI VILLAGE, TEKKALI MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER R/O 1-197 PEDDA STREET AND 1.THE STATE OF AP, Represented by Its, Principal Secretary Civil supplies Dept, Secretariat Velagapudi Amaravati Guntur District. ...RESPONDENT 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 order or Direction more particularly one in the nature of Writ of Mandamus to declare the Impugned proceedings of the Respondent vide Rc.No.651//2024CS-F dt 18.02.2025cancelled the petitioner F.P. Shop Authorization pending enquiry is highly illegal arbitrary violation of Articles 14,21 and 300 (A) of the Constitution India and against the orders of this Hon'ble Court in WP.NO.500/2020 dt 8.1.2020 and in wp.no.28101/2024 dt 02.12.2024 of and against Clause of the principles of20 (i) of Control 2018and also violation natural Justice consequently set-aside the Order, Impugned proceedings of the Respondent vide Rc.No.651//2024CS-F dt 18.2.2025 and pass 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 2 Respondent vide rd Suspend the Impugned Proceedings of the 3 RC.NO.651//2024CS-F dt 18,02.2025and Counsel for the Petitioner: 1.TOTA TEJESWARA RAO Counsel for the Respondent: 1.GP FOR CIVIL SUPPLIES The Court made the following: pass 3 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.6035 of 2025 ORDER. The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief;- writ, order or Direction more particularly one in the of Writ of Mandamus to declare the Impugned proceedings of .... to issue a nature the Respondent vide Rc.No.651//2024CS-F dt. 18.02.2025 cancelled the petitioner F.P. Shop Authorization pending enquiry is highly illegal, arbitrary, violation of Articles 14, 21 and 300 (A) of the Constitution India and against the orders of this Flon’ble Court in W.P.No.500/2020 dt 8.1.2020 and in 02.12.2024 of and against Clause 20 (i) of Control Order, 2018 and also violation of the principles of natural Justice consequently set- the Impugned proceedings of the Respondent vide w.p.no.28101/2024 dt aside Rc.No.651//2024CS-F dt 18.2.2025 and to pass such other order or orders ....” 2. The petitioner was appointed as fair price dealer for shop No.0127787 at Pedda Street, Tirlangi Village, Tekkali Mandal, Srikakulam District, in the respondent. Petitioner’s authorization was renewed from time to time, which was valid up to 31.03.2025. year, 2001 by the 3' 3. In the meanwhile, on 27.07.2021, the 4'^ respondent have conducted surprise check over the petitioner’s shop and seized the essential commodities, having found variation of 1,110 Kgs of PDS rice and also on the ground that the petitioner has not maintained the records of the fair price shop and there was no sales register and stock registers available petitioner. The petitioner has failed to keep the stock board exhibiting the quantity available commodities-wise and the Government prescribed rates in the fair price shop premise^ petitioner was not with the 4 maintaining the fair price shop in a hygienic condition. The Petitioner has not renewed weights and measurement certificate and the petitioner was not maintaining Government timing, while opening and closing the fair price shop. A Show cause notice was issued to the petitioner on 04.09.2024, calling for explanation from the petitioner. Petitioner has submitted an explanation on 17.09.2024. Thereafter, the 3'^ respondent herein has passed orders on 23.11.2024, suspending the petitioner’s authorization. until further orders and pending enquiry of the 6-A case pending against her. Challenging the said orders passed by the 3’’'^ respondent, the petitioner filed writ petition No.28101 of 2024, where, this Court vide orders dated 02.12.2024 has given a finding that, since the present case requires detailed enquiry, keeping in view the huge quantity of variation, the impugned order cannot be interfered, but, however, disposed of the writ petition by directing the respondents to conclude the enquiry within two (2) months from the date of receipt of a copy of this order. The grievance of the petitioner in the present case is that, instead of conducting enquiry, in pursuance of the orders of this Court in writ petition No.28101 of 2024 dated 02.12.2024, the 3'^'* respondent vide proceedings dated 18.02.2025, straightaway cancelled the petitioner’s authorization, even without issuing any notice and without conducting any enquiry. Challenging which, the present writ petition is filed by the petitioner. 4. Heard learned counsel for the petitioner and as well as learned Assistant Government Pleader for Civil Supplies representing respondents 5 5. Learned Assistant Government for Civil Supplies, relying upon the respondent, reiterates the facts, as stated by the petitioner. But, however, in the counter they have not stated as to whether they have issued any notice to the petitioner in pursuance of the orders of this Court dated 02.12.2024 and as to whether the 3'^ respondent have conducted any enquiry thereafter, which facts clearly established that the orders of this court have not been complied with by the respondents and also that the respondents have failed to follow the principles of natural counter of the 3 justice. 6. In view of the same, this Court deems it appropriate to remand the matter back to the 3'^' respondent by setting aside the impugned order dated 18.02.2025. 7. Accordingly, the writ petition is allowed by setting aside the impugned order dated 18.02.2025 and the matter is remanded back to the 3 respondent for conducting enquiry afresh by issuing notice and also affording an opportunity of hearing to the petitioner and conclude the enquiry, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of the order. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/-SHAiKWiOHD.aAF4 assistant REGIS fR- ‘R officer //TRUE COPY// Action To, 1. The Principal Secretary, Civil supplies Dept, Secretariat Velagapudi Amaravati Guntur District. \ 2. The Joint Collector (Civil Supplies), Srikakulam District. 3. The Revenue Divisional Officer, Tekkali Division, Srikakulam District. 4. The Tahsildar (Civil Supplies), Tekkali Mandal, Srikakulam District. 5. The Dy. Tahsildar (Civil Supplies), Tekkali Mandal, Srikakulam District. 6. The Village Revenue Officer, Tirlangi Village, Tekkali Mandal, Srikakulam District. 7. The Village Revenue Assistant, Tirlangi Village, Tekkali Mandal, Srikakulam District. 8. The Sub Inspector of Police, Vigilance & Enforcement Office. Visakha B Colony, Srikakulam town & District. 9. One CC to Sri Tota Tejeswara Rao, Advocate [OPUC] 10. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 12. Two CD Copies TF HIGH COURT DATED; 19/08/2025 ORDER WP NO. 6035 OF 2025 ALLOWING THE W.P. WITHOUT COSTS