APHC010668672025 2025:APHC:58810 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

MONDAY,THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 34463/2025 Between:

1. K C VENKATA, S/O.K.P.VENKATANNA, AGED ABOUT 45 YEARS, OCC. F.P. SHOP DEALER VIDE F.P. SHOP NO. 1345029, ALVAKONDA VILLAGE, SANJAMALA MANDAL, NANDYAL DISTRICT, ANDHRA PRADESH.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. T HE JOINT COLLECTOR, NANDYAL, NANDYAL DISTRICT, AP.

3. T HE REVENUE DIVISIONAL OFFICER, NANDYAL,NANDYAL DISTRICT, A.P., 4. T HE TAHSILDAR, SANJAMALA MANDAL, NANDYAL DISTRICT, A.P.

5. T HE DEPUTY TAHSILDAR CS, NANDYAL, NANDYAL DISTRICT, A.P., ...RESPONDENT(S):

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, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the 3RD respondent in suspending the authorization of the petitioner vide shop No. 1345029 of Alvakonda one C' Village, Sanjamala Mandal, Nandyal District in Proceedings Rc.No.CS.518/2025, Dated 26.03.2025 is illegal, arbitrary and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and principles of natural justice consequently direct the respondents to continue the petitioner to hold F.P. shop Dealership of Alvakonda Village, Sanjamala Mandal, Nandyal District and pass 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 to direct the respondents to continue the petitioner as F.P. shop Dealer vide shop No. 1345029 in Alvakonda Village, Sanjamala Mandal, Nandyal District by suspending the impugned proceedings in Rc.No.CS.518/2025, Dated 26.03.2025 issued by the 3RD respondent pending disposal of Writ Petition and to pass Counsel for the Petitioner:

1. D KASIM SAHEB Counsel for the Respondent(S):

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

ORDER:

The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

“….to issue a writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the 3^rd respondent in suspending the authorization of the petitioner vide shop No. 1345029 of Alvakonda one C' Village, Sanjamala Mandal, Nandyal District in Proceedings Rc.No.CS.518/2025, Dated 26.03.2025 is illegal, arbitrary and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and principles of natural justice consequently direct the respondents to continue the petitioner to hold F.P. shop Dealership of Alvakonda Village, Sanjamala Mandal, Nandyal District and pass….”

2. The petitioner herein was appointed as a fair price shop dealer of shop No.1345029 of Alvakonda village, Sanjamala mandal, Nandyal district on temporary basis in the year 2005 and thereafter, he was appointed as a permanent fair price shop dealer on 10.04.2010 by way of regular recruitment. Ever since, he has been distributing essential commodities to the cardholders without there being any complaint from whomsoever concerned.

3. While the matter stood thus, on 12.03.2025, respondent Nos.5 and 6 inspected the petitioner’s fair price shop and when ground stock was compared with the stock register, a variation of (-)683 kilograms of fortified rice and (-)26 packets of sugar was found. As such, the 4^th respondent submitted a report to the 3^rd respondent basing on which, the 3^rd respondent issued a