1 APHC010231892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11821/2025 Between: Mukkara Jayapradha ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. M K RAJ KUMAR Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following order: Challenging the proceedings dated 19.04.2025 issued by the 3rd respondent (Joint-Collector) wherein the petitioner’s authorization as fair price shop dealer is cancelled, the present writ petition is filed. 2. Heard Sri M.K.Raj Kumar, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies. 3. Learned counsel for the petitioner in elaboration to what has been stated in the affidavit contended that the petitioner was appointed as 2 permanent fair price shop dealer for the Shop No.1205038 situated in Nalladasaripalli village, Guntakal mandal, Anantapur District vide proceedings dated 23.12.2006. He further submitted that, pursuant to directions of this Court in W.P.No.122/2025 dated 19.12.2025, a show cause notice dated 01.04.2025 was issued to the petitioner inviting explanation, to which an explanation dated 10.04.2025 was submitted. He further submitted that, without considering the said explanation, without affording any personal hearing and without conducting proper enquiry, the Joint-Collector (3rd respondent) had issued the impugned proceedings dated 19.04.2025 cancelling the authorization of the petitioner as fair price shop dealer. He further submitted that, this Court, in order to protect the interest of the petitioner, has ordered an interim stay of impugned proceedings on 05.05.2025. Accordingly prayed to pass appropriate orders treating the interim orders as final orders. 4. On the other hand, learned Assistant Government Pleader for Civil Supplies while justifying the orders of the 3rd respondent submitted that there is neither illegality nor procedural irregularity in passing impugned order. He further submitted that, the petitioner, instead of filing an appeal before the Collector (Civil Supplies), filed the present writ petition which is not maintainable and liable to be dismissed. He further submitted that, in the event if this court inclines to interfere, a liberty may be given to the authority concerned to take steps in accordance with law. 3 5. In reply, learned counsel for the petitioner submitted that liberty may be given to the petitioner to file an appeal before the Appellate Authority in accordance with law. 6. Perused the record and considered the submissions made by both the learned counsel. 7. In the above said background, Clause 24 of Control Order, 2018 is relevant which deals with appeals, which reads as follows: “24. Appeal Fair Price Shops: a. The Collector (Civil Supplies) of the districts in the State shall act an appellate authority for exercising the powers conferred upon and discharging the functions assigned to him/her under this Order. Provided that appeal pending before the appellate authority appointed under the Andhra Pradesh State Public Distribution System (Control) Order, 2008 shall be disposed of by such authority as if this Order had not been made; b. Any fair price shop dealer aggrieved by an order of the appointing authority concerned denying het issue or renewal of authorization (License) to fair price shop dealer or cancellation of the authoritzation (License) may appeal to [Collector (Civil Supplies)], the appellate authority, within thirty (30) days of the date of receipt of the order and appellate authority shall, as far as practicable dispose of the appeal within a period of sixty (60) days; Provided that, once an appeal has been disposed of by the appellate authority, the time for issue or renewal of the authorization (License) of the fair price shop dealer by the appointing authority concerned shall begin from the date of the decision of the appellate authority on appeal. c. No appeal shall be disposed of by the appellate authorities unless the aggrieved person has been given a reasonable opportunity of being heard. d. Pending disposal of an appeal, the appellate authority concerned may direct that the order under appeal shall not take effect until the appeal is disposed of. [e. Any person aggrieved by the orders of the appellate authority may file Revision before the District Collector of the district. Any person aggrieved by the orders of the 1st Revisionary Authority may file Revision before the Government] 4 8. As rightly contended by the learned Assistant Government Pleader, as against cancellation of authorization of fair price shop dealer, an appeal lies before the Collector (Civil Supplies) within thirty(30) days from the date of receipt of the order. In the present case, without filing an appeal, the petitioner had filed the present writ petition. However, as the petitioner has an intention to file an appeal before the concerned authority, this court, without going into merits of the case, is inclined to dispose of the writ petition. 9. Accordingly, the present writ petition is disposed of giving liberty to the petitioner to file an appeal before the appellate authority within 30 days from today in accordance with law. No costs. Miscellaneous applications, pending if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI BRS