APHC010282742025 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: 14267/2025 Between: 1. MYLA SATYANARAYANA, S/O RAMALAKSHMIANA REDDY AGE 54 YEARS, OCC FP SHOP DEALER FOR SHOP NO.0805026, CHANDAVARAM VILLAGE DONAKONDA MANDAL, PRAKASAM DIST. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE COLLECTOR CS, PRAKASAM DIST., AT ONGOLE. 3. THE REVENUE DIVISIONAL OFFICER, KANIGIRI DIVISION, PRAKASAM DIST. 4. THE TAHSILDAR, DONAKONDA 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 tomay be pleased to issue a writ or direction preferably writ of mandamus declaring the order issued 2 by the 3rd respondent vide Rc.E/302/2025 dt 17-5-2025 cancelling the petitioners authorization in respect of the F.P Shop No.0805026, Chandavaram Village, Donakonda Mandal, Prakasam Dist., without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order,2018 as illegal, arbitrary, and violative of principles of natural justice and consequently set aside the said order dt 17-5-2025 and further direct the respondents to continue the petitioner as FP Shop dealer as usual and pass any other order this Honble Court may deem fit in the interest of Justice. 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 may be pleased to Suspend the operation of the order issued by the 3rd respondent vide Rc.E/302/2025 dt: 17-5-2025 cancelling the authorization of the petitioner in respect of FP Shop No.0805026, Chandavaram Village, Donakonda Mandal, Prakasam Dist., by continuing the petitioner as FP Shop dealer, 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 The Court made the following ORDER: Challenging the proceedings dated 17.05.2025, issued by the 3rd respondent-Revenue Divisional Officer, wherein the petitioner’s authorization as Fair Price Shop dealer is cancelled, the present writ petition is filed. 2. Heard Sri M.M.M. Srinivasa Rao, 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 the permanent Fair Price Shop dealer for the Shop No.0805026 situated in Chandavaram Village, Donakonda Mandal, Prakasam District, in the year 1991, and since then, the petitioner has been discharging his duties without any complaint from any corner. He further submitted that the Food Inspector, Podili, upon conducting inspection on 07.01.2025 and alleged to have found variations in the stock, prepared a panchanama and the same was sent to the Revenue Divisional Officer (RDO). Based on the said report, a show-cause notice dated 27.01.2025 was issued to the petitioner, inviting explanation and directing 4 him to attend the enquiry, which was supposed to be conducted on 04.02.2025. The petitioner could not attend the enquiry as he had undergone heart surgery; however, submitted his explanation through registered post on 01.02.2025. He further submitted that without considering the said explanation and without conducting a proper enquiry, the 3rd respondent-Revenue Divisional Officer issued the impugned proceedings dated 27.01.2025 suspending the petitioner’ authorization as fair shop dealer, in a mechanical manner. Challenging the same, petitioner filed W.P.No.3554 of 2025 before this Court and accordingly, this Court disposed of the writ petition by setting aside the impugned proceedings therein. Thereafter the petitioner’s authorization was restored. However, the 3rd respondent-RDO, alleging variation in stocks, yet again issued impugned proceedings dated 07.05.2025, cancelling the authorization of the petitioner as a Fair Price Shop dealer, without assigning any cogent reasons on the petitioner’s explanation. In those circumstances, the petitioner was constrained to file the present writ petition. As such, prayed to pass appropriate orders protecting the interest of the petitioner. 5 4. On the other hand, learned Assistant Government Pleader for Civil Supplies while justifying the orders of the 3rd respondent- RDO 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. 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 6 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]” 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, 7 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. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Date: 27.01.2026 ANS 8 207 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14267/2025 Date: 27.01.2026 ANS