APHC010545682024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 28301/2024 Between: 1. SRI SAI GANESH MAHILA PODUPU SANGAM, REP.BY ITS PRESIDENT SMT.B.INDIRA W/O RAMA KRISHNA AGE 50 YEARS, OCC F.P. SHOP DEALER OF SHOP NO.0206011. JAMADALA VILLAGE, PARVATHIPURAM MANDAL PARVATHIPURAM MANYAM DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DIST. 2. THE JOINT COLLECTOR CS, PARVATHIPURAM MANYAM DIST AT PARVATHIPURAM TOWN. 3. THE SUB COLLECTOR, PARVATHIPURAM DIVISION, PARVATHIPURAM MANYAM DIST. 4. THE TAHSILDAR, PARVATHIPURAM MANDAL, PARVATHIPURAM MANYAM DIST. 5. SMT GOTTAPU SUNITHA, W/O SYAMBABU AGE 33 YEARS. MEMBEROF DWARAKAMAYASHG, PEDDAVEEDHI JAMADALA VILLAGE, PARVATHIPURAM MANDAL PARVATHIPURAM MANYAM DIST. ...RESPONDENT(S): 2 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 Writ Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the respondent vide Letter NO.500/2024 dt 29-10-2024 (received on 26-11-2024) directing the petitioner to handover the FP Shop No.0206011, Jamadala Village, Parvathipuram Mandal, Parvathipuram Manyam Dist., to the 5th respondent, without any suspension or cancelation and without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order,2018 apart from violation of the principles of natural justice and consequentially set aside the impugned order dt 29-10-2024 by directing the Respondents to continue petitioner as FP Shop dealer as usual, and pass IA NO: 1 OF 2024 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 Suspend the impugned order passed by the 3rd respondent vide Letter NO.500/2024 dt:29- 10-2024 in respect of FP Shop No.0206011, Jamadala Village, Parvathipuram Mandal, Parvathipuram Manyam Dist., by continuing the petitioner as dealer as usual, pending disposal of the writ petition. Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. BONU RAMA SHANKAR RAO 2. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: Impugning the orders of the 3rd respondent, vide Rc.500/2024, dated 29.10.2024, entrusting the distribution work to the 5th respondent in respect of the Fair Price Shop No.0206011, Jamadala Village, Parvathipuram Mandal, without passing any order of suspension or cancellation, the present writ petition is filed. 2. Heard Sri Sk.Rafi, learned counsel representing Sri M.M.M.Srinivasa Rao, learned counsel for the petitioner and Sri Tadisetti Venkata Ananda Rao, learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 3. Learned counsel for the petitioner contended that, without there being any order of suspension or cancellation of petitioner’s authorization, the authorities straightaway appointed the 5th respondent as Fair Price Shop dealer on temporary basis by stopping the supply of essential commodities to the petitioner’s Fair Price Shop. Pursuant to the directions of this Court, personal notice has been sent to the 5th respondent, wherein the notice was served; however, she did not choose to put up her appearance. Issuing order in such a manner is perse illegal and it is liable to be set aside. 4. Learned Assistant Government Pleader while justifying the action of the respondent authority, submitted that, the petitioner had committed certain irregularities; as such, the authority had rightly issued the impugned orders. However, in the event, if this Court is inclined to interfere, liberty may be given to the authorities to take steps, if required, in accordance with law. 5. Perused the record and considered the submissions of both the learned counsel. 6. A perusal of the orders impugned dated 29.10.2024 vide Rc.500/2024, issued by the 3rd respondent, would go to show that, basing on the 4 recommendation made by the Dy.Tahsildar vide report Rc.No.511/2024, dated 31.08.2024 and as the petitioner not supplying essential commodities to the cardholders properly and not giving prior information about distribution of commodities, the 5th respondent was appointed as incharge dealer to the subject shop on temporary basis in order to avoid inconvenience to the cardholders, pending further orders. This Hon’ble Court, by virtue of orders dated 28.12.2024 in I.A.No.1 of 2024, granted interim stay as prayed for. 7. It was brought to the notice of this Court that, pursuant to the directions of this Court, the petitioner is continuing as Fair Price Shop dealer. Admittedly, as can be seen from the impugned proceedings, without issuing show cause notice, passing orders in such manner is ex facie illegal, unsustainable and contrary to law. As such, the same is liable to be set aside. 8. Accordingly, the Writ Petition is disposed of, setting aside the impugned order, vide Rc.500/2024, dated 29.10.2024. However, the respondent authorities are not precluded from taking steps, if so advised, in accordance with law. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 12.02.2026. JLV 5 233 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 28301/2024 Date: 12.02.2026 JLV