APHC010197362022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13077/2022 Between: 1. B. VENKATESWARLU,, S/O B. ADENNA, HINDU, 54 YEARS, SHOP NO.1325006, OCC- FAIR PRICE SHOP DEALER, MANEKURTHY VILLAGE, ALUR MANDAL, KURNOOL DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE COLLECTOR CS, KURNOOL, KURNOOL DISTRICT. 3. THE JOINT COLLECTOR, KURNOOL, KURNOOL DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, ADONI, KURNOOL DISTRICT. 5. THE TAHSILDAR, ALUR MANDAL, KURNOOL 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 topleased to issue, a writ of Mandamus, declaring the proceedings in Rc.M.6205/2019 dated 28.01.2022 issued by the respondent No.4 in cancelling the Fair Price Shop Authorization of the petitioner in Shop No.1325006, Manekurthy Village, Alur Mandal, Kurnool 2 District as illegal, improper, unjust arbitrary, colorable exercise of power, without conducting the panchanama or enquiry and contrary to Andhra Pradesh State Targeted Public Distribution System Control Order, 2018 and also the well established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently set aside the same and pass IA NO: 1 OF 2022 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 please to stay the proceedings Rc.M.6205/2019 dated 29.01.2022 issued by the respondent No.4 duly permitting the petitioner to run the Fair Price Shop No.1325006, Manekurthy Village, Alur Mandal, Kurnool District, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. MAHADEVA KANTHRIGALA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: Impugning the proceedings vide Rc.M.6205/2019 dated 28.01.2022 issued by the 4th respondent-Revenue Divisional Officer, cancelling the authorization of the petitioner for Fair Price Shop No.1325006 of Manekurthy Village, Alur Mandal, Kurnool District, the present writ petition is filed. 2. Heard Sri Mahadeva Kandirigala, learned counsel for the petitioner, Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies for the respondents and Sri Ajay Babu, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contends that the petitioner was appointed as a fair price shop dealer for shop No.1325006 of Manekurthy Village, Alur Mandal, Kurnool District in the year 1991 and ever since he has been running fair price shop with utmost satisfaction of cardholders and the officials. While so, the 2nd respondent/Revenue Divisional Officer issued proceedings dated 09.10.2019 vide Rc.CS3/374/2019 suspending the petitioner’s authorization. The said proceedings came to be issued on the report submitted by the 5th respondent vide report dated 18.09.2019 and on the very same day, a show cause notice was also issued by the 2nd respondent/ Revenue Divisional Officer framing charges against the 4 petitioner alleging that the petitioner has violated the conditions of the Control Order, 2018. 4. He further submitted that in the said show cause notice no particulars were mentioned with regard to which authority visited the shop and also about conducting panchanama. He further contended that to the said show cause notice, the petitioner submitted his explanation bringing all the facts to their notice. He further submitted that before submitting the explanation, the petitioner questioned the suspension order by filing writ petition No.16047 of 2019, wherein this Court disposed of the said writ petition on 17.10.2019 setting aside the petitioner’s suspension order and thereby giving liberty to the petitioner to submit explanation within one week. The Court further directed the authorities to complete the enquiry within a period of four weeks. Accordingly, the petitioner submitted his explanation bringing all the facts of the case to the notice of the authorities. While so, after enquiry, the authorities have cancelled the petitioner’s authorization vide the impugned proceedings. 5. He further submitted that, surprisingly, in the counter the authorities filed pachanama said to have been recorded on 09.09.2019. The same has been created by the authorities to show their bona fides. The fact of recording panchanama was not spelt out in the show cause notice. This Court, after noticing about the panchanama, on 06.01.2023 directed the mediators to appear before the Court and accordingly, examined them 5 and having prima facie satisfied that the mediators report was prepared behind the back of the petitioner, at the instance of respondent No.4 who signed on the mediators report, directed the concerned Superintended of Police, Kurnool, to instruct the concerned Station House Officer having jurisdiction over the area where the fair price shop of the petitioner is located to register a criminal case. In the said background, the order impugned is based on the panchanama which was never done in the presence of the petitioner and, in fact, no inspection took place on the alleged date and the authorities have based their decision basing on the said created panchanama. If the order is allowed to subsist, it would affect the rights of the petitioner. Accordingly, prayed to allow the writ petition. 6. On the other hand, Sri Ajay Babu, learned Assistant Government Pleader for Home, submitted that pursuant to the direction of this Court dated 06.01.2026, an FIR was registered against the mediator and the investigation is going on. 7. Learned Assistant Government Pleader for Civil Supplies, on counter, submitted that there is neither illegality nor procedural irregularity in passing the order impugned. The authorities have rightly issued show cause notice inviting explanation and thereby passed order impugned by taking into consideration the material available on record. He further contend that by oversight they might have not mentioned 6 about the panchanama in the show cause notice. However, the authorities should be diligent in conducting the enquiry and accordingly prayed to pass appropriate orders. 8. Perused the record and considered the submissions made by learned counsel for the parties. 9. The main ground that has been raised and urged in the present writ petition is that the respondent authorities, without inspecting the subject premises, without identifying the irregularities and without seizing the stock by recording panchanama, issued the show cause notice and proceeded with the enquiry and, by creating the panchanama dated 09.09.2019 behind the back of the petitioner, the order impugned came to be passed. As could be seen from the record, the panchanama which is filed along with the counter was not at all reflected in the show cause notice. 10. In the said circumstances, this Court can presume that the same has been created by the respondent authorities only to deny the right of the petitioner to continue the fair price shop for obvious reasons. In such circumstances, passing orders by conducting enquiry in such manner is unsustainable and contrary to the Audi Alteram Partem principle, as such the order impugned has to be set aside. 11. Accordingly, the Writ Petition is disposed of. The order impugned dated 28.01.2022 is hereby set aside. Further, the authorities are not 7 precluded from taking steps according to law, if so advised. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 25th February, 2026 JLV 8 238 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13077/2022 Date: 25th February, 2026 JLV