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2026 Supreme(Online)(AP) 3112

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



Advocates:
For the Appellants/Petitioners: K Srinivas
For the Respondents: GP for Civil Supplies, Vineeth Appasani

Cancellation of a fair price shop dealer's authorization without a proper enquiry, including the examination of witnesses and the opportunity for cross-examination, violates the principles of natural justice and is legally unsustainable.

Headnote:The case involves the Andhra Pradesh Targets Public Distribution System (Control) Order, 2018, specifically regarding the cancellation of a fair price shop dealer's authorization. Following an inspection that alleged the diversion of fortified rice and sugar in violation of Cl.12(f) of the said Order, the authorization was cancelled without a formal enquiry. The court found that the authority failed to consider the dealer's explanation in proper perspective and relied solely on a mediatorsnama without examining the officials or mediators involved. The primary issue is whether the cancellation of authorization without conducting a proper enquiry, including the recording of sworn statements and providing an opportunity for cross-examination, violates the principles of natural justice. The court reasoned that while an administrative enquiry need not be as elaborate as a departmental proceeding against a government servant, it must still adhere to fundamental requirements, including a personal hearing and the examination of witnesses in the presence of the dealer. Accordingly, the impugned order dated 09.12.2025 is set aside, and the matter is remitted back to the Revenue Divisional Officer to conduct a proper enquiry in accordance with law, after affording due opportunity of hearing to the petitioner.

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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