APHC010067632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3556/2025 Between: 1. SURE SREE DEVI, W/O VENKATA RAJESH KUMAR AGE 42 YEARS, OCC FP SHOP DEALER OF SHOP NO.0837010, BRAHMANAPALLI VILLAGE KOMAROLU MANDAL, PRAKASAM DIST. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE COLLECTOR CS, PRAKASAM DIST., AT ONGOLE. 3. THE SUB COLLECTOR, MARKAPURAM DIVISION, PRAKASAM DIST. 4. THE TAHSILDAR, KOMAROLU MANDAL, PRAKASAM DIST. 5. THE ENFORCEMENT DEPUTY TAHSILDAR CS, GIDDALURU MANDAL, PRAKASAM DIST. ...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 to issue a writ or direction preferably writ of mandamus declaring the notice issued by the 3rd respondent vide 2 R.C.C/1020/2024 dt30-12-2024 without any stock particulars and without indicating that the notice was issued for cancellation or suspension in respect of FP Shop i.e., Shop No.0837010, Brahmanapalli Village, Komarolu Mandal, Prakasam Dist., though the variation is not a huge quantity and not allowing the petitioner to run FP Shop without there being any order of suspension or cancellation and without following due procedure under The Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 is illegal, arbitrary, contrary and violative of principles of natural justice and consequently set aside the notice dt 30- 12-2024 and further direct the respondents to continue the petitioner 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 Stay all further proceedings pursuant to the Show Cause Notice R.C.C/1020/2024 dt:30-12- 2024 issued by the 3rd respondent by allowing the petitioner to run the shop i.e., FP Shop No.0837010, Brahmanapalli Village, Komarolu Mandal, Prakasam Dist., 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: Impugning the notice dated 30.12.2024 issued by the 3rd respondent without any stock particulars and without indicating that the notice was issued for cancellation or suspension in respect of Fair Price Shop No.0837010, Brahmanapalli Village, Komarolu Mandal, Prakasam District, the present writ petition is filed. 2. Heard Sri M.M.M.Srinivasa Rao, learned counsel for the petitioner and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that the impugned show cause notice has been issued without mentioning as to what purpose the said show cause notice has been issued i.e., either for cancellation of the authorization of the petitioner or for suspension. The show cause notice is as vague as itself for which an explanation cannot be submitted. In view of the same, the said show cause notice is liable to be set aside, accordingly, prayed to set aside the same and allow the writ petition. 4. On the other hand, Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies submitted that the writ is not maintainable as against the issuance of show cause notice, as such, prayed to dismiss the writ petition. 4 5. Perused the record and considered the submissions made by the learned counsel for the parties. 6. A Show cause notice vide R.C.C/1020/2024 dated 30.12.2024 issued by the 3rd respondent has been impugned in this writ petition. As rightly contended by the learned Assistant Government Pleader for Civil Supplies, ordinarily writ does not lie against mere issuance of show cause of notice. Entertaining writ petition against show cause notice dehorse the limit of Writ Jurisdiction. As held by the Hon’ble Apex Court in Union of India v. Kunisetty Satyanarayana1, only very rare and exceptional cases, if it is found to be wholly without jurisdiction or for some other reason, if it is wholly illegal, Court can exercise power of judicial review at the stage of show cause notice/charge memo. 7. The petitioner is a permanent fair price shop dealer. By virtue of interim orders passed by this Court dated 07.03.2025, the petitioner is continuing in the subject fair price shop. The petitioner instead of submitting a detailed explanation raising all the grounds that are raised before this Court filed the present writ petition. 8. Keeping in view the facts and circumstances of the case, without going into the merits and demerits of the matter, this Court is inclined to dispose of the writ petition by passing the following order: “The petitioner is at liberty to submit a detailed explanation to the show cause notice dated 30.12.2024. On such explanation, the authority 1 (2006) 12 SCC 28 5 concerned shall pass appropriate orders. Till such exercise is completed, not to take any coercive steps against the petitioner and continue him as fair price shop dealer.” 9. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 21st January, 2026 RKS