APHC010596512024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 31088/2024 Between: 1. G VARA LAKSHMI, W/O P.APPALA RAJU AGE 39 YEARS, OCC F.P. SHOP DEALER OF SHOP NO.0315038, AGENCY LAKSHMIPURAM VILLAGE GOLIGONDA MANDAL, ANAKAPALLI DIST. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE COLLECTOR CS, ANAKAPALLI DIST, AT ANAKAPALLI. 3. THE SUBCOLLECTOR, NARSIPATNAM DIVISION, ANAKAPALLI DIST. 4. THE TAHSILDAR, GOLIGONDA MANDAL, ANAKAPALLI DIST. 5. SMT GAMPA VEERA BHARATHI, W/O VENKATESWARA RAO VARALAKSHMI SELF HELP GROUP R/O NEAR KRISHNA TEMPLE, GOLLAPETA, AGENCY LAKSHMIPURAM VILLAGE GOLIGONDA MANDAL, ANAKAPALLI 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 2 may be pleased to issue a writ or direction preferably writ of mandamus declaring the impugned order issued by the 3rd respondent vide Rika.No.530/2024/LRDT/ dt 20-11-2024 entrusting the distribution work to the 5th respondent group without any order of suspension or cancellation in respect of FP Shop No.0315038, Agency Lakshmipuram Village, Goligonda Mandal, Anakapalli Dist., without following due procedure contemplated under The Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 is illegal, arbitrary and violation of principles of natural justice and consequently set aside the proceedings dt20- 11-2024 by directing the respondents to release Essential Commodities in favour of the petitioner 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 Suspend the impugned proceedings issued by the 3rd respondent vide Rika.No.530/2024/LRDT/ dt:20-11-2024 in respect of FP Shop No.0315038, Agency Lakshmipuram Village, Goligonda Mandal, Anakapalli Dist., 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 ORDER: Impugning the proceedings issued by the 3rd respondent vide Rika.No.530/2024/LRDT dated 20.11.2024 entrusting the distribution work to the 5th respondent group without any order of suspension or cancellation in respect of Fair Price shop No.0315038, Agency Lakshmipuram Village, Goligonda Mandal, Anakapalli District, without following due procedure as contemplated under the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, the writ petition is filed. 2. Heard Sri M.M.M.Srinivasa Rao, 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 affidavit contended that, a show cause notice dated 16.11.2024 has been issued to the petitioner by the 3rd respondent alleging that he is not properly distributing the essential commodities to the cardholders and the said show cause notice was served on petitioner on 18.11.2024. The petitioner submitted explanation dated 23.11.2024, without considering the same, the impugned order dated 20.11.2024 has been passed even without waiting for the period mentioned in the show cause notice which was served on 18.11.2024 itself shows that the authorities have predetermined the case against the petitioner. He further submitted that if 4 such order is allowed to subsist, it not only affects the rights of the petitioner, but her livelihood would also be affected, as such, filed the present writ petition. He further submitted that this Court, on 06.01.2025, suspended the impugned order and by virtue of the same, the petitioner is continuing as fair price shop dealer. Further, learned counsel for the petitioner brought to the notice of this Court that as per the directions of this Court dated 06.01.2025, personal notice has been sent and the same was delivered on the 5th respondent, evidencing the same proof of service has also been filed, as such, prayed to dispose of the writ petition by passing appropriate orders. 4. On the other hand, Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies while justifying the impugned orders passed by the 3rd respondent-Revenue Divisional Officer on instructions contended that there is neither illegality nor procedural irregularity while passing the orders impugned. If at all the petitioner has any grievance against the orders passed, the appeal lies to the Collector by virtue of Control Order, 2018. The writ petition is meritless, accordingly, prayed to dismiss the writ petition. 5. In reply, learned counsel for the petitioner submitted that when the order impugned is ex facie illegal and it is in clear violation of principles of 5 natural justice, no appeal needs to be filed and writ petition can be entertained. 6. Perused the record and considered the submissions made by the learned counsel for the parties. 7. A show cause notice dated 16.11.2024 has been issued to the petitioner by the 3rd respondent on the ground that a binami of the petitioner is running fair price shop on the name of the petitioner. A perusal of the show cause notice would indicate that the same has been served on the petitioner on 18.11.2024. To the said show cause notice, the petitioner submitted her explanation which was received by the authority on 23.11.2024, however, surprisingly, the order impugned dated 20.11.2024 came to be passed which was much before the time fixed in the show cause notice. This itself shows that the order impugned predetermined the case of the petitioner. As such, the order impugned is contrary to law. In the said background, no counter is required to be invite, since the order would be the same even after filing counter. 8. In view of the reasons stated supra, the order impugned dated 20.11.2024 is hereby set aside and the matter is remitted back to the authority concerned for fresh enquiry. Till the enquiry is concluded, the petitioner shall continue as fair price shop dealer. 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: 21st January, 2026 RKS