HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
V. SUJATHA, J.
V.Shobha @ Taarasani Sujatha - Petitioner
Versus
The State of Andhra Pradesh, Rep. By Its Principal Secretary Department Of Consumer Affairs, Food and Civil Supplies And Others - Respondents
WRIT PETITION Nos. 24493, 24494, 24496 of 2025
Decided On : 19-11-2025
ORDER :
V. SUJATHA, J.
Writ Petition No.24493 of 2025 came to be filed under Article 226 of the Constitution of India seeking the following relief:-
“….to issue an appropriate writ, order or direction more particularly one in nature of Writ of Mandamus declaring the action of the 4th Respondent in issuing the Suspension/Cancellation Order vide proceedings in Rc.No.D/CS/62/2025 dated 25.08.2025, against the petitioner's Fair Price Shop No.1385018, Dhone Town, Nandyal District, as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and contrary to the provisions of the APSTPDS (Control) Order 2018 and consequently set aside the same.….”
2) Writ Petition No.24494 of 2025 came to be filed under Article 226 of the Constitution of India seeking the following relief:-
“….to issue an appropriate writ, order or direction more particularly one in nature of Writ of Mandamus declaring the action of the 4th Respondent in issuing proceedings vide Rc.No.D/CS/62/2025 dated 25.08.2025 by cancelling/suspending the Fair Price Shop Dealership of the petitioner for Shop No.1385017, Dhone Town, Nandyal District, as illegal, arbitrary and violative of principles of natural justice under Articles 14, 16 and 21 of the Constitution of India and contrary to the provisions of the APSTPDS (Control) Order 2018 and consequently set aside the same.….”
3) Writ Petition No.24496 of 2025 came to be filed under Article 226 of the Constitution of India seeking the following relief:-
“….to issue an appropriate writ, order or direction more particularly one in nature of Writ of Mandamus declaring the action of the 3rd Respondent in passing the impugned Suspension/Cancellation Order vide Rc.No.D/CS/64/2025 dated 25.08.2025, cancelling the authorization of the petitioner's Fair Price Shop No.1385067, Dhone Town, Nandyal District, as illegal, arbitrary and violative of principles of natural justice under Articles 14, 16 and 21 of the Constitution of India and contrary to the provisions of the APSTPDS (Control) Order 2018 and consequently set aside the same.….”
4) Since the relief claimed in these petitions is identical, and as the impugned orders were passed on the same day, I find it appropriate to decide these writ petitions by way of a common order taking Writ Petition No.24493 of 2025 as leading case.
5) The petitioner was appointed as a Fair Price Shop dealer in the year 2019 for Fair Price Shop No.1385018 in Dhone Town, Nandyal District and has been distributing essential commodities to the cardholders and her authorization No.C3/231/2019 was valid up to 31.03.2027.
6) While the things stood thus, respondent No.4 – the Revenue Divisional Officer vide proceedings Rc.No.D/CS/62/2025 dated 21.01.2025 terminated the petitioner's authorization without issuing show-cause notice and without conducting any enquiry. Aggrieved by the same, the petitioner approached this Court by filing W.P.No.4330 of 2025, this Court vide order dated 19.02.2025 set aside the termination order dated 21.01.2025 as it was passed in violation of principles of natural justice. In compliance with the order of this Court, respondent No.3 reinstated the petitioner as a dealer vide proceedings dated 12.03.2025.
7) Subsequently, on 10.07.2025 an inspection was conducted in the petitioner's Fair Price Shop and having found certain variations, the inspecting authorities have submitted a report to respondent No.5 herein, who in turn submitted two reports to respondent No.4 for initiating 6A proceedings and disciplinary proceedings as against the petitioner. In pursuance of which, respondent No.4 issued a show cause notice and as well as a separate notice for conducting enquiry, dated 25.07.2025 vide Rc.No.D/CS/62/2025, framing six charges alleging that there is variation of (+) 500 Kgs of rice and (-) 205 packets of sugar and other charges regarding tampering with e- PoS machine, for which the petitioner submitted her explanation on 07.08.2025 denying the charges framed again
The court established that fair price shop dealers must be afforded a proper inquiry and opportunity to defend against charges before cancellation of their authorization.
The court established that fair price shop dealers must be afforded a proper inquiry and opportunity to be heard before any cancellation of authorization can occur.
Suspension of fair price shop authorization requires adherence to principles of natural justice, including proper enquiry and reasoned decisions.
Appointing authority may, at any time in public interest or suo-moto or on receipt of complaint, after making such enquiry as may be deemed necessary and for reasons to be recorded in writing, suspen....
The cancellation of a Fair Price Shop dealer's authorization must follow due process, including a fair inquiry and provision of reasons, as mandated by the Control Order, 2018.
Authorities must follow the procedure prescribed for conducting disciplinary proceedings against fair price shop dealers, including providing a personal hearing, supplying the dealer with the reports....
Point of Law : Cancellation of petitioner’s authorization on the ground that charge No.5 was proved, which is grave in nature, could not find merit consideration as per Clause 24 of the Control Order....
Absence of reasoning as to the mandatory requirement of provision which conferred jurisdiction on the quasi judicial authority or a Court or administrative authority is mandatory. In the absence of r....
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