APHC010287622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] SATURDAY,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14540/2025 Between: 1. PINJARI BABU,, S/O DASTAGIRI, 55 YEARS, SHOP NO. 1317006, OCCUPATION- FAIR PRICE SHOP DEALER UPPALAPADU VILLAGE, ORVAKAL 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/JOINT COLLECTOR AND ADDITIONAL DISTRICT MAGISTRATE, KURNOOL, KURNOOL DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, , KURNOOL, KURNOOL DISTRICT. 4. THE TAHSILDAR, ORVAKAL 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 to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the Proceedings Rc.DT(LR)131/2025 dated 12.05.2025 issued by the 3rd 2 respondent in cancelling the Fair Price Shop Authorization of the petitioner in Shop No. 1317006, Uppalapadu Village, Orvakal Mandal, Kurnool District as illegal, improper, unjust arbitrary, colorable exercise of power, without considering the contentions in the appeal, without following the procedure and contrary to Andhra Pradesh State Targeted Public Distribution System (Control) order, 2018 and further direct the respondents to permit the petitioner to distribute the essential commodities to the card holders 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 to stay the Proceedings in Rc.DT(LR)131/2025 dated 12.05.2025 issued by the 3rd respondent duly permitting the petitioner to run the Fair Price Shop No. No. 1317006, Uppalapadu Village, Orvakal Mandal, Kurnool District pending disposal of the writ petition and pass IA NO: 2 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 to vacate the interim order dated 20.06.2025 in lA No. 1 of 2025 in WP No. 14540 c^f 2025 and also dismiss this 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 issued by the 3rd respondent vide Rc.DT(LR)131/2025 dated 12.05.2025 cancelling the authorization of the petitioner in respect of fair price shop No.1317006, Uppalapadu Village, Orvakal Mandal, Kurnool District, the writ petition is filed. 2. Heard Sri Mahadeva Kanthrigala, 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 writ affidavit would contend that the authorities, alleging variations in the ground balance of the stock found during inspection of the Fair Price shop, issued show cause notice, for which the petitioner submitted explanation denying the charges, however, the respondent no.3, without application of mind and without considering the explanation, with a prejudiced mind, cancelled the authorization of the petitioner vide the impugned proceedings, therefore, the impugned suspension order is liable to be set aside. Accordingly, prayed to allow the writ petition. 4. Sri Appasani Vineeth, learned Assistant Government Pleader, justified the impugned proceedings being flawless and does not suffer from any procedural infirmity. He would further contend that the petitioner has been given a fair opportunity of submitting explanation and personal hearing and after following the procedure contemplated under law, 4 passed the impunged proceedings cancelling the authorization of the petitioner, therefore, there is no violation of principles of natural justice as alleged by the petitioner. He would further contend that the writ petition being meritless deserves dismissal. Accordingly, 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. Clause 8(4) of the A.P. State Targeted Public Distribution System (Control) Order, 2018, empowers the appointing authority to suspend or cancel a Fair Price Shop (FPS) dealer's authorization. This action can be taken in the public interest, suo motu, or upon complaint, following an inquiry and for reasons recorded in writing. 7. The petitioner’s Fair Price shop dealership authorization was cancelled under the impugned proceedings dated 12.05.2025. This Court vide orders dated 20.06.2025, suspended the impugned orders. Though the petitioner flatly denied variation between book balance and ground stock, the mediators present at the time of inspection and preparation of panchanama were not examined. Moreover, the sworn statement of the dealer was not at all recorded. In the absence of the above, it cannot be said that an enquiry was conducted as contemplated under Clause 8(4) of the A.P. State Targeted Public Distribution System (Control) Order, 2018 in its true letter and spirit. 5 8. In view of the above, the impugned orders having been passed by the Disciplinary Authority, without conducting proper enquiry as contemplated under clause 8(4) of the Control Order, 2018, the said orders suffers from the vice of non-compliance of the procedure contemplated under the Control Orders besides being violative of Audi Alteram Partem Rule. Therefore, the impugned orders are liable to be set aside. As such, this Court is inclined to dispose of the writ petition by passing the following order: “The impugned proceedings of the 3rd respondent vide Rc.DT(LR)131/2025, dated 12.05.2025 is hereby set aside and the matter is remitted back to the Revenue Divisional Officer for conducting enquiry afresh as envisaged under the Control Order, 2018. The authority shall conclude the enquiry within a period of two (02) months from the date of receipt of copy of this order. Till conclusion of the enquiry, the interim orders passed by this Court on 20.06.2025 shall continue.” 9. Accordingly, the writ petition is disposed of. There shall be no order as to costs. 6 As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 31st January, 2026 RKS