APHC010372662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 19204/2025 Between: 1. BOMMU RAMADEVI, W/O VENGALA REDDY, AGED ABOUT 40 YEARS, FAIR PRICE SHOP DEALER SHOP NO.0925163, BUJABUJANELLORE VILLAGE, NELLORE MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPT., BY ITS PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE, 3. THE JOINT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. 4. THE REVENUE DIVISIONAL OFFICER, NELLORE, SPSR NELLORE DISTRICT, 5. THE TAHSILDAR, NELLORE RURAL MANDAL, SPSR NELLORE 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 topleased to issue any writ order or direction more particularly one in the nature of writ of Mandamus declaring the order passed by the Revenue Divisional Officer, Nellore, SPS Nellore District, the 4th Respondent herein, in Rc.H.1022/2025, dt. 21.07.2025, wherein removed the petitioner from temporary dealer, without issuing any notice or opportunity, without conducting any enquiry, as illegal arbitrary, without jurisdiction, in violation of principles of Natural Justice and contrary to the provisions of A.P. State Targeted Public Distribution System (Control) Order, 2018, and set aside the same and further direct the respondents to continue the petitioner as fair price shop dealer attached to Shop No 0925163 of Buja Buja Nellore, of Nellore Rural Mandal, SPS Nellore District and pass such other order or orders as may be just and necessary in the interest of justice. Prayer is amended as per the Court's Order dt.18.11.2025 in I.A.No.02 of 2025. 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 pleased to direct the respondents No.3 to 5 not to harass the petitioner for submission of resignation vide shop No. 0925163, in Bujabujanellore Village, Nellore Mandal, SPSR Nellore District, in respect of the shop and continue the supply of Essential Commodities to the petitioner's shop pending disposal of the above 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 may be pleased to issue any writ order or direction more particularly one in the nature of 3 writ of Mandamus declaring the action of the respondents No.3 to 5 in insisting the petitioner to tender his resignation and without there being any order of suspension or cancellation" by the competent authority by following due procedure under the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, is illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents No.3 to 5 not to harass the petitioner for submission of resignation vide shop No.0925163, in Bujabujanellore Village, Nellore Rural Mandal, SPSR Nellore District, in respect of the shop and continue the supply of Essential Commodities to the petitioner's shop as usual till her appointment is valid and pass such other order or further orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. By amending the main prayer as follows: “ For the reasons stated in the accompanying affidavit the petitioner herein prays that this Hon’ble Court may be pleased to issue any writ order or direction more particularly one in the nature of writ of Mandamus declaring the order passed by the Revenue Divisional Officer, Nellore, SPS Nellore District, the 4'*^ Respondent herein, in Rc.H. 1022/2025, dt.21.07.2025, wherein removed the petitioner from temporary dealer, without issuing any notice or opportunity, without conducting any enquiry, as illegal arbitrary, without jurisdiction, in violation of principles of Natural Justice and contrary to the provisions of A.P State Targeted Public Distribution System (Control) Order, 2018, and set asidethe same and further direct the respondents to continue the petitioner as fair price shop dealer attached to Shop No.0925163 of Buja Buja Nellore, of Nellore Rural Mandal, SPS Nellore District and pass. Counsel for the Petitioner: 1. GNANESWARA RAO MITTIREDDI Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 4 The Court made the following ORDER: Impugning the proceedings vide Rc.H.1022/2025, dated 21.07.2025, issued by the 4th respondent-Revenue Divisional Officer, suspending the petitioner’s authorization in respect of Fair Price Shop No.0925163, Bujabujanellore Village, Nellore Rural Mandal, SPSR Nellore District, the present writ petition is filed. 2. Heard Sri Gnaneswara 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 when the respondent authorities insisted the petitioner to tender her resignation forcibly, the present writ petition has been filed. Pursuant to the filing of the writ petition, the 4th respondent passed orders dated 21.07.2025, suspending the petitioner's temporary dealership. The said proceedings have been questioned in the present writ petition by filing amendment application vide I.A.No.2 of 2025, which was ordered by this Court on 18.11.2025. He further submitted that before passing orders impugned, no notice was issued to the petitioner nor 5 opportunity of being heard was provided. The said order has been passed in clear violation of principle of natural justice. He further contended that by virtue of interim order granted by this Court, the petitioner has been continuing as temporary dealer. In the method and manner in which the order impugned is passed and is allowed to subsist, it adversely affects the rights of the petitioner. As such, prayed to set aside the same. 4. On the other hand, learned Assistant Government Pleader for Civil Supplies, on counter affidavit, submitted that during the inspection of the subject Fair Price Shop, certain variations in stocks were found and upon recommendation of the 5th respondent-Tahsildar report dated 19.07.2025, the 4th respondent has rightly passed impugned orders. There is neither illegality nor procedural irregularity in passing such an order. As such, the writ petition is liable to be dismissed. He further submitted that by virtue of interim order passed by this Court, the authority Revenue Divisional Officer issued proceedings dated 31.07.2025 and thereby the suspension proceedings were kept pending till the outcome of the subject writ petition. He further submitted that if at all this Court is inclined to interfere, a liberty may be given to the 6 4th respondent (RDO) to conclude the enquiry in accordance with law. 5. Perused the record and considered the submissions made by both the learned counsel. 6. It is not in dispute that the petitioner is a temporary Fair Price Shop dealer. Initially, the writ petition has been filed when the respondent authorities insisted the petitioner to resign as a dealer. Later, pending writ petition, the 4th respondent issued impugned proceedings vide Rc.H.1022/2025, dated 21.07.2025, removing the petitioner as a temporary Fair Price Shop dealer. Accordingly, on application filed by the petitioner vide I.A.No.2 of 2025, the main relief has been amended, wherein the petitioner has prayed to set aside the said order by declaring it as illegal on the ground that the same has been passed in clear violation of principles of natural justice. 7. As could be seen from the impugned order dated 21.07.2025, it does not speak anything about issuance of prior show-cause notice inviting explanation from the petitioner. Without issuing any notice, removing the petitioner as temporary Fair Price Shop dealer is unjustified and passing such an order is 7 in clear violation of audi alteram partem. Therefore, the order impugned is ex facie illegal, and it has to be set aside. Accordingly, the impugned proceedings vide Rc.H.1022/2025, dated 21.07.2025, issued by the 4th respondent-Revenue Divisional Officer, are hereby set aside. 8. With the above direction, the Writ Petition is disposed of. However, the respondent authorities are not precluded to take steps 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: 30.01.2026 ANS 8 222 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 19204/2025 Date: 30.01.2026 ANS