IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Ravi Cheemalapati, J
SAIK BAJI IMAM – Appellant
Versus
THE STATE OF AP – Respondent
WRIT PETITION NO: 36331/2025
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 a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the 2nd respondent in cancelling the authorization of the petitioner Fair Price Shop (FPS) bearing Shop No. 0725001, situated at Medikonduru Village, Medikonduru Mandal, dated.09.12.2025 without conducting enquiry is illegal, arbitrary and violation of Article 14, 19 21 and contrary to the express provisions of Andhra Pradesh control orders 2018 and consequently set aside the same by continuing the petitioner as a fair price shop dealer vide shop No. 0725001 situated at Medikonduru Village, Medikonduru Mandal, Guntur District and pass such order or orders as this Honble Court may deem fit and proper in the facts and circumstances of case. Guntur District vide RC No. 1912/2025-B
IA NO: 1 OF 2025
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 operation of the proceedings passed by the 2^'^ respondent vide RC No. 1912/2025-B dated.09.12.2025 by continuing the petitioner as a fair price shop dealer vide shop No. 0725001 situated at Medikonduru Village, Medikonduru Mandal, Guntur District disposal of the above Writ Petition and pass
The Court made the following Order:
Aggrieved by the action of respondent No.2 in cancelling the authorization of the petitioner‟s Fair Price Shop bearing No.0725001, situated at Medikonduru Village, Medikonduru Mandal, Guntur District vide RC No.1912/2025-B dated 09.12.2025 without conducting enquiry as illegal, arbitrary and violative of provisions of Andhra Pradesh Targets Public Distribution System (Control) Order, 2018, the present writ petition is filed.
The case of the petitioner is that, he was appointed as a dealer for the Fair Price Shop bearing No.0725001 situated at Medikonduru Village and Mandal, Guntur District and was duly issued authorization. While so, on 23.07.2025, the respondent authorities conducted an inspection of the petitioner‟s fair price shop and noted certain discrepancies relating to the stock of the rice and sugar. A panchanama was conducted and certain quantities of the stock were seized. Based on the report of the Civil Supplies Deputy Tahsildhar, Tadikonda, a Show Cause Notice dated 24.07.2025 was issued by the Revenue Divisional Officer (respondent No.2 herein) calling upon the petitioner to submit his explanation as to why, his authorization should not be cancelled by framing a charge. The said charge reads as follows:
Charge 1: That the FP shop dealer has kept a quantity of 5.00 of Fortified rice and 1 Packet of sugar in his FP shop with an intention to divert the same in black market and thus violated Cl.12(f) of APSTPDS (control) order, 2018.
To the said show cause notice, he submitted his explanation duly denying the allegations and stating that he had not committed any irregularity in distributing the essential commodities and contended that the charge is false and it is fabricated with an intention to remove him from the dealership under the influence and pressure of the local political leaders. Thereafter, the impugned orders canceling the petitioner‟s authorization was passed. Questioning the same, the writ petition is filed.
Heard Mr. K.Srinivas, learned counsel for the petitioner and Mr. Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies.
The learned counsel for the petitioner in elaboration to what has been stated in the affidavit contended that though several grounds were raised in the explanation, none of them were independently dealt nor any reasons were assigned by the Revenue Divisional Officer, for discarding them. It is further contended that no enquiry whatsoever was conducted, and cancellation of authorization is a major punishment.
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