APHC010608172022 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 36529/2022 Between: 1. CIRI RAMA MURTHY, S/O CIRI NAGAPPA, AGE ABOUT 33 YEARS, OCC. FAIR PRICE SHOP DEALER, R/O H.NO.4 VILLAGE, DHONE MANDAL, NANDYAL DISTRICT. 1. THE STATE OF AP, REP. BY ILS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, AMARAVATHI. 2. THE JOINT COLLECTOR, CIVIL SUPPLIES, NANDYAL DISTRICT, NANDYAL. 3. THE REVENUE DIVISIONAL OFFICER, DHONE, NANDYAL DISTRICT. 4. THE TAHSILDAR, DHONE MANDAL, NANDYAL DISTRICT 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 action of the 3rd respondent in issuing the impugned proceedings vide Rc.A.32/2022, dated 26 cancelling the petitioner's dealership to the Fair Price Shop No.134926B, of Yeddupenta Village, Dhone Mandal, Nandyal District, w ground, as illegal, arbitrary and violative of provisions of Control orders and consequently set aside the same, in the interests of justice, pass IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 36529/2022 CIRI RAMA MURTHY, S/O CIRI NAGAPPA, AGE ABOUT 33 YEARS, OCC. FAIR PRICE SHOP DEALER, R/O H.NO.4-43, YEDDUPENTA VILLAGE, DHONE MANDAL, NANDYAL DISTRICT. ...PETITIONER AND THE STATE OF AP, REP. BY ILS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, AMARAVATHI. THE JOINT COLLECTOR, CIVIL SUPPLIES, NANDYAL DISTRICT, THE REVENUE DIVISIONAL OFFICER, DHONE, NANDYAL THE TAHSILDAR, DHONE MANDAL, NANDYAL 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 Mandamus declaring the action of the 3rd respondent in issuing the impugned proceedings vide Rc.A.32/2022, dated 26 cancelling the petitioner's dealership to the Fair Price Shop No.134926B, of Yeddupenta Village, Dhone Mandal, Nandyal District, without any valid ground, as illegal, arbitrary and violative of provisions of Control orders and consequently set aside the same, in the interests of justice, pass IN THE HIGH COURT OF ANDHRA PRADESH [3332] THURSDAY, THE FIFTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CIRI RAMA MURTHY, S/O CIRI NAGAPPA, AGE ABOUT 33 YEARS, 43, YEDDUPENTA ...PETITIONER THE STATE OF AP, REP. BY ILS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, AMARAVATHI. THE JOINT COLLECTOR, CIVIL SUPPLIES, NANDYAL DISTRICT, THE REVENUE DIVISIONAL OFFICER, DHONE, NANDYAL THE TAHSILDAR, DHONE MANDAL, NANDYAL 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 Mandamus declaring the action of the 3rd respondent in issuing the impugned proceedings vide Rc.A.32/2022, dated 26-08-2022, cancelling the petitioner's dealership to the Fair Price Shop No.134926B, of ithout any valid ground, as illegal, arbitrary and violative of provisions of Control orders and consequently set aside the same, in the interests of justice, pass 2 IA NO: 1 OF 2022 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 direct the respondents to supply the Essential Commodities to the petitioner's Fair Price Shop No.134926B, of Yeddupenta Village, Dhone Mandal, Nandyal District, by suspending the impugned proceedings vide Rc.A.32/2022, dated 26-08-2022, pending disposal of main Writ Petition and pass IA NO: 1 OF 2023 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 dt.10.11.2022 in I.A.No.1 of 2022 in W.P.No.36529 of 2022 and dismiss the Writ Petition and pass Counsel for the Petitioner: 1. U RAMANJANEYULU Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 The Court made the following order: Challenging the proceedings issued by respondent No.3 in Rc.A.32/2022 dated 26.08.2022 cancelling the petitioner’s dealership to the Fair Price shop No.134926B of Yeddupenta Village, Dhone Mandal, Nandyal District, the present Writ Petition is filed. 2. Heard Sri U.Ramanjaneyulu, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the petitioner was appointed as Fair Price shop dealer to the subject shop on permanent basis vide proceedings of respondent No.3, dated 15.02.2012. Basing on the report of respondent No.4/panchanama submitted by respondent No.4 dated 25.11.2021, respondent No.3 issued show cause notice dated 14.06.2022 alleging variation in stock, for which the petitioner submitted a detailed explanation dated 16.07.2022 stating that the alleged deficit stock was kept in Kothaburuju Fair Price shop and that there was no misappropriation. He further submitted that without considering the petitioner’s explanation in proper perspective and without conducting any enquiry and without affording an opportunity of hearing to the petitioner, respondent No.3 issued the impugned proceedings cancelling the petitioner’s authorization. He further submitted that after receipt of the explanation also, the appointing authority called for a report was taken from the Tahsildar behind the back of the petitioner and the said report was 4 taken into consideration without furnishing to the petitioner before issuing the impugned proceedings, thereby violating the principles of natural justice. Aggrieved thereby, the present Writ Petition is filed and this Court, vide order dated 10.11.2022, granted interim direction suspending the impugned order and directing the respondents to supply the essential commodities to the subject shop of the petitioner. Hence, prayed to pass orders treating the interim order as final order. 4. On the other hand, learned Assistant Government Pleader, while reiterating the contents of the counter affidavit of respondent No.3, contended that during inspection, discrepancies were found between the ground stock and E-Pos machine records, including shortages in PDS rice, PMGKAY rice and sugar. The authorities conducted panchanama and seized the stock. The petitioner failed to produce documentary evidence to justify the discrepancies. He further contended that the Petitioner had kept the stock at Kothaburuju Village without prior permission from the competent authorities. He further contended that the authorities have issued seven show cause notices to the petitioner and after considering the explanation submitted by him and as the stock variation exceeded the permissible limit, the authorization of the petitioner was cancelled in accordance with law. With regard to report/remarks of the Tahsildar is concerned, it was called only to get the facts on the points/issued raised by the petitioner, but not for receiving any specific report for levlling the charge against the petitioner. Hence, prayed to dismiss the Writ Petition. 5 5. Perused the material available on record and considered the submissions made by learned counsel for the parties. 6. As could be seen from the submissions made by learned counsel for the parties and the material available on record, the petitioner was appointed as a permanent dealer to the subject shop and his authorization was cancelled by impugned proceedings. 7. It is not in dispute that discrepancies were noticed during inspection and a panchanama was conducted. It is also not in dispute that show cause notices were issued to the petitioner and the petitioner submitted his explanation. It is also not in dispute that after submission of explanation by the petitioner, a report was called for from the Tahsildar by the appointing authority. 8. The stand taken in the counter affidavit by respondent No.3 with regard to issuance of seven show cause notices and their respective dates is not reflected in the impugned proceedings. Moreover, the authorities have failed to examine the mediators with regard to discrepancies. Admittedly no notice was issued to the petitioner after getting the report/remarks from the Tahsildar. If the said report formed part of the basis for cancellation of authorization of the petitioner, non-supply of such report/remarks to the petitioner would amount to violation of principles of natural justice. Since the impugned proceedings are ex-facie illegal and unsustainable and having been issued in clear violation of the principles of natural justice and without 6 conducting proper enquiry, the same are liable to be set aside. Hence, this Court, without expressing any opinion on the merits, is of the view that the matter requires fresh consideration by respondent No.3 after strictly adhering to the principles of natural justice. 9. Accordingly, the writ petition is allowed by setting aside the proceedings of respondent No.3-Revenue Divisional Officer, Dhone in Rc.A.32/2022 dated 26.08.2022. The matter is remanded to respondent No.3 for fresh consideration and for passing a reasoned order in accordance with law, after affording an opportunity of personal hearing to the petitioner. Till such time, the interim order granted by this Court dated 10.11.2022 shall continue. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 05.02.2026 MP 7 248 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.36529 of 2022 05.02.2026 MP