APHC010326542024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

THURSDAY,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 16568/2024 Between:

K Raminaidu ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. SRINIVAS AMBATI Counsel for the Respondent(S):

1. GP FOR CIVIL SUPPLIES The Court made the following order:

The case of the petitioner is that, the Revenue Divisional Officer(4^th respondent) has appointed him as Fair Price Shop Dealer for FP Shop No.0123030 situated in Sairigam village, Jalumuru Mandal, Srikakulam district vide proceedings dated 01.05.2018 and eversince he was distributing essential commodities to the cardholders without any adverse remarks. It was further case of the petitioner that, due to change of Government in A.P. in the month of June, 2019, the official respondents conducted inspection in his shop on 20.08.2019 and found some variations in the stocks. Accordingly, the 3^rd respondent issued show cause notice to the petitioner on 22.08.2019 on the alleged ground of certain irregularities and seized the stocks and sought explanation as to why the seized stocks should not be confiscated to the Government. To the said show cause notice, the petitioner has submitted explanation but without considering the same, the 3^rd respondent has suspended the petitioner’s authorization vide proceedings dated 31-08-2019 without issuing show cause notice for suspension and without conducting any enquiry. Aggrieved by the said proceedings, the petitioner filed the writ petition vide W.P.No.13150 of 2019 which was allowed by this Hon’ble Court on 23.09.2019 by setting aside the proceedings dated 31.08.2019.

2. It was the further case that, pursuant to the order dated 23.09.2019, the 3^rd respondent issued notice and asked the petitioner to appear for personal hearing for which the counsel for the petitioner has appeared on his behalf and submitted written explanation dated 10.10.2019 denying all the charges levelled against him. But the 3^rd respondent, without considering the said explanation, without conducting any enquiry and without recording reasons, has issued proceedings dated 07.12.2019 and thereby cancelled the petitioner’s authorization for the fair price shop for FP Shop No.0123030 contrary to the provisions of A.P.State Targeted Public Distribution System Control order, 2018 (for short, ‘Control Order, 2018’). Aggrieved by the said cancellation orders, the petitioner filed another writ petition vide W.P.No.3371 of 2020 and this Court has allowed the said writ petition vide its order dated 19.02.2020 and has set aside the proceedings dated 07.12.2019 and the matter is remitted back to the 3^rd respondent to issue fresh show cause notice, after receiving explanation from the petitioner and after conducting detailed enquiry directed him to pass appropriate orders and also directed the respondents therein to permit the petitioner therein to run the said fair price shop until the said exercise is completed.

3. It was the further case of the petitioner that, pursuant to the order dated 19.02.2020 in W.P.No.3371/2020, the 3^rd respondent issued show cause notice dated 29.03.2020 and asked the petitioner to submit his explanation within 15 days as to why his authorization should not be cancelled. To the said show cause notice, the petitioner submitted the explanation dated 10.04.2020 denying all the allegations made against him. Thereafter, the petitioner did not receive any final order till today and also he was not allowed to run the subject fair price shop.

4. While things stood thus, contrary to the orders passed in W.P.No.3371/2020 dated 19.02.2020, the then 5^th respondent (Sub-Collector) issued proceedings dated 17.08.2021 stating that a 6-A case is booked against the subject shop on 26.07.2021 and upon the request of Mandala Mahila Samakya Sangham, Jalum