APHC010287652025 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: 14538/2025 Between: 1. D. CHINNA SIVAIAH,, S/O PEDDA ESWARAIAH, 38 YEARS, SHOP NO. 1317026, OCCUPATION- FAIR PRICE SHOP DEALER, GUTTAPADU 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. 2 ...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 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 respondent in cancelling the Fair Price Shop Authorization of the petitioner in Shop No. 1317026, Guttapadu 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 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. 1317026, Guttapadu Village, Orvakal 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 3 The Court made the following ORDER: Challenging the proceedings dated 12.05.2025, 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 Mahadeva Kanthrigala, 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 a permanent Fair Price Shop dealer for the Shop No.1317026 situated in Gutapadu Village, Orvakal Mandal, Kurnool District, vide proceedings dated 22.02.2011 and has been discharging duties without any complaint from any corner. He further submitted that the 4th respondent, upon conducting inspection on 23.01.2025 and alleged to have found variations in the stock under panchanama and accordingly, repot was prepared by he Tahsildar concerned and sent to Revenue Divisional Officer (RDO) without serving the copies to the petitioner. Based on the said report, two show-cause notices 4 dated 07.02.2025 & 18.02.2025 were issued to the petitioner inviting explanation, as to why his dealership should not be cancelled, for which the petitioner submitted explanation on 18.02.2025. He further submitted that without considering the said explanation, without affording any personal hearing and without conducting proper enquiry, the 3rd respondent- Revenue Divisional Officer had issued the impugned proceedings dated 12.05.2025 cancelling the authorization of the petitioner as a Fair Price Shop dealer. 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. 4. On the other hand, learned Assistant Government Pleader for Civil Supplies while justifying the orders of the 3rd respondent- Revenue Divisional Officer 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 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. 6 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, 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. 7 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 8 299 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14538/2025 Date: 27.01.2026 ANS