APHC010167142023 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8569/2023 Between: 1. KOVVURI SHIVA REDDY, S/O. LATE KOVVURI CHENNA REDDY, AGED ABOUT 46 YEARS, OCC. FP SHOP DEALER OF SHOP NO.1227044, DUGUMARRI VILLAGE, NARPALA MANDAL, ANANTHAPURAMU DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, ANANTHAPURAMU DISTRICT. 3. THE TAHSILDAR, NARPALA MANDAL, ANANTHAPURAMU DISTRICT. 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, more particularly one in the nature of Writ of Manda declaring the action of the 2nd respondent in cancelling the authorization without conducting any enquiry issued orders vide proceedings in D DIS .No .D1CS/252/2022, Dt. 25.03.2023 is illegal, arbitrary and violation of principles of natural justice and consequently set aside the same and pass IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8569/2023 KOVVURI SHIVA REDDY, S/O. LATE KOVVURI CHENNA REDDY, AGED ABOUT 46 YEARS, OCC. FP SHOP DEALER OF SHOP NO.1227044, DUGUMARRI VILLAGE, NARPALA MANDAL, ANANTHAPURAMU AND THE STATE OF ANDHRA PRADESH, REP. BY ITS CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR THE REVENUE DIVISIONAL OFFICER, ANANTHAPURAMU DISTRICT. THE TAHSILDAR, NARPALA MANDAL, ANANTHAPURAMU DISTRICT. ...RES 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, more particularly one in the nature of Writ of Manda declaring the action of the 2nd respondent in cancelling the authorization without conducting any enquiry issued orders vide proceedings in D DIS .No .D1CS/252/2022, Dt. 25.03.2023 is illegal, arbitrary and violation of principles of and consequently set aside the same and pass IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE FIFTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI KOVVURI SHIVA REDDY, S/O. LATE KOVVURI CHENNA REDDY, AGED ABOUT 46 YEARS, OCC. FP SHOP DEALER OF SHOP NO.1227044, DUGUMARRI VILLAGE, NARPALA MANDAL, ANANTHAPURAMU ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR THE REVENUE DIVISIONAL OFFICER, ANANTHAPURAMU DISTRICT. THE TAHSILDAR, NARPALA MANDAL, ANANTHAPURAMU DISTRICT. ...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, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in cancelling the authorization without conducting any enquiry issued orders vide proceedings in D DIS .No .D1CS/252/2022, Dt. 25.03.2023 is illegal, arbitrary and violation of principles of 2 IA NO: 1 OF 2023 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 proceedings D DIS .No .D1CS/252/2022, Dt. 25.03.2023 issued by the 2nd respondent by continuing the petitioner as FP Shop Dealer of Shop No.1227044 of Duggumarri Village, Narpala Mandal, Ananthapur District, pending disposal of the writ petition, and pass IA NO: 2 OF 2023 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 vacate the interim direction passed in WP.No.8569 of 2023 dated 12-04-2023 and dismiss the Writ Petition and pass Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 The Court made the following order: The grievance of the petitioner is that without conducting any enquiry, respondent No.2 issued proceedings in D Dis No.D1CS/252/2022 dated 25.03.2023 cancelling the authorization of the petitioner as Fair Price shop dealer No.1227044 of Dugumarri Village, Narpala Mandal, Ananthapuramu District. 2. Heard Sri K.Srinivas, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the petitioner was appointed as dealer of subject Fair Price shop. The respondent authorities inspected the shop on 28.01.2022 and on false premise that there was a variation between ground stock and the stock as per statement drawn from the E-pos machine, handed over the seized stock to the local revenue authority for safe custody and accordingly, issued show cause notice-cum- suspension order dated 26.09.2022. He further contended that charges were framed against the Fair Price shop dealer alleging that the dealer failed to maintain scheduled commodities physically as per the balances shown in the electronic device and that there is shortage of 74 packets of (1/2 kg) sugar and excess of 60 kgs of sortex rice was found in the FP shop at the time of inspection and that the dealer was diverted 74 packets of sugar into black market. He further contended that the petitioner submitted explanation to the said show cause notice stating that there was no variation in the stock and that no sugar had been allotted. He further 4 contended that without considering the said explanation and without conducting any enquiry, the respondent authorities issued the impugned proceedings cancelling the petitioner’s authorization. Hence, prayed to set aside the impugned proceedings. 4. On the other hand, learned Assistant Government Pleader, while reiterating the contents of the counter affidavit of respondent No.2, contended that on checking of the Epos records and ground stock, 74 packets (1/2 kg each) of sugar missing and 60 kgs excess of sortex rice. The respondent authorities conducted panchanama, seized the excess rice and submitted a report recommending disciplinary action. He further submitted that the petitioner did not maintain correct stock records and failed to distribute sugar to cardholders and based on these lapses, the authorization of the petitioner was cancelled by issuing show cause notice and inviting explanation. Hence, there is neither illegality nor procedural irregularity in issuing the impugned proceedings. Hence, prayed to dismiss the Writ Petition. 5. Perused the material available on record and considered the submissions made by learned counsel for the parties. 6. Perusal of the impugned proceedings shows that due non-distribution of sugar to the cardholders for the month of January 2022 as well as failure to maintain correct stock records, the authorization of the petitioner was cancelled. It is the contention of learned counsel for the petitioner that there was no variation in stock and that no sugar had been allotted to the subject shop. On the other hand, the contention of respondents is that as per Epos records, the stock was available. 5 7. When the petitioner denied the allegations of the respondent authorities and disputed the variation, it is the duty of the respondent authorities to prove the same. Perusal of the record shows that the authorities have not examined the mediators of the panchanama. In these circumstances, without examining the concerned mediators/panchayatdars and without conducting any enquiry in that manner, issuing the impugned proceedings solely based on the report of the Tahsildar is unsustainable and is in clear violation of principles of natural justice. Since violation of principles of natural justice is apparent on the face of the impugned proceedings, this Court, without expressing any opinion on the merits, is of the view that the matter requires fresh consideration by respondent No.3 after strictly adhering to the principles of natural justice. 8. Accordingly, the writ petition is allowed by setting aside the proceedings of respondent No.2-Revenue Divisional Officer, Ananthapuramu District in D.Dis No.D1CS/252/2022 dated 25.03.2023. The matter is remanded to respondent No.2 for fresh consideration and for passing a reasoned order in accordance with law, after affording the petitioner an opportunity of personal hearing. Till such time, the interim order granted by this Court dated 12.04.2023 shall continue. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 05.02.2026 MP 6 246 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.8569 of 2023 05.02.2026 MP