O R D E R:

This Writ Petition under Article 227 of Constitution of India is filed for the following relief:

“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent cancelling the authorization of petitioner dealership to F P Shop No 0222039 of Neeladripuram Village Garividi Mandal Vizianagaram District vide order in RC No 220/2024/CS/dt 20 04 2024 as illegal arbitrary biased without following principles of natural justice and violative of Art 14 and 21 of Constitution of India and consequently set aside the order in RC No 220/2024/CS/dt 20 04 2024 passed by the 3rd respondent and pass such...”

2. The case of the Writ Petitioner is briefly as follows:

The petitioner was appointed as Fair Price Shop Dealer bearing Shop No.0222039, Neeladripuram Village of Garividi Mandal with authorization No.0222039/GVD/2021 vide Rc.No. 360/2021/AP dated 21.12.2021 issued by the 3rd respondent and the same is being renewed from time to time which is valid upto 30.03.2025. Since the date of appointment, the petitioner is distributing the essential commodities to the card holders without there being any complaint either from the public or authorities. While so, on 05.04.2024, without issuing any notice, the 3rd respondent suspended the petitioner’s dealership with an allegation that a complaint is registered against the petitioner in CVIGIL vide Complaint No.913029 dated 05.04.2024 alleging that the petitioner participated in YSRCP political Party meeting/ election campaign on 03.04.2024 and that the MPDO, Garividi Conducted enquiry through Panchayat Secretary, Regati Agraharam and submitted a report against the petitioner that there has been contravention of the provisions of Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018. Basing on the said report, the 2nd respondent, without issuing any show cause notice to the petitioner or providing any opportunity of hearing, suspended the authorization of the petitioner temporarily. The 3rd respondent issued the show cause notice in Rc.No.220/2024/CS, dated 10.04.2024 reiterating the contents in the suspension notice and directed the petitioner to submit explanation within seven days from the date of receipt of the said notice, as to why the authorization of the petitioner should not be cancelled. Accordingly, the petitioner submitted explanation on 15.04.2024 stating that on 03.04.2024, Sri Botsa Satyanarayana, the then Educational Minister for the State of Andhra Pradesh had came to the village for election campaign and the stage for election campaign was erected in between the ration shop of the petitioner and his house and when the petitioner was standing near the depot, the Minister, with whom the petitioner had acquaintance, called the petitioner on to the stage, being unaware of the Rules, the petitioner had been to the stage as a mark of respect, but did not campaign on his side and requested the 3rd respondent to drop the disciplinary action. Without considering the explanation of the petitioner, the 3rd respondent passed the impugned order cancelling the dealership of the petitioner stating that the petitioner had admitted participation in the explanation and requested to consider the mistake as first time made. The Order further refers to Clause 12 (s) of PDS (Control) Order, 2018 which reads as follows:

“No fair price shop dealer shall take part in any political activity directly or indirectly in any General/Municipal/ Panchayat Raj elections, hampering the Public Distribution System and the authorization granted to them under the order shall be cancelled, if she/he was found involved in such Political activity/Canvassing.”

The order indicates that the respondent did not conduct any enquiry in the village with regard to the participation of the petitioner in the election campaign and also does not disclose whether there was any complaint from anyone that the public distribution system was