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2025 Supreme(Online)(AP) 20488

HIGH COURT OF ANDHRA PRADESH
V.SUJATHA
M.Adinarayana – Appellant
Versus
State of Andhra Pradesh – Respondent
WP 34133/2025



APHC010662052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 34133/2025 Between:

1. M .ADINARAYANA, S/O M.CHINNAPPAIAH, AGED ABOUT 53 YEARS. TEMPORARY FAIR PRICE SHOP DEALER, F.P.SHOP NO. 1257060, KAGGALLU VILLAGE, HINDUPURAM MANDAL, SRI SATHYA SAI DISTRICT ...PETITIONER AND

1. S TATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT, AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT

2. T HE REVENUE DIVISIONAL OFFICER, PENUKONDA, SRI SATHYA SAI DISTRICT

3. T HE TAHSILDAR, HINDUPURAM MANDAL, SRI SATHYA SAI DISTRICT ...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 to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring and setting aside the Order dated 29.11.2025 in Rc. No. 2851/2025/C on the file of the 2nd Respondent herein, as illegal. arbitrary, unconstitutional, violative of principles of natural justice and contrary to the provisions of APSTPDS (Control) Order, 2018 and pass such 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 may be pleased to issue interim directions to the Respondents to allow the petitioner to function Fair Price Shop Dealer of F.P.Shop No. 1257060 of Kaggallu Village,as Hindupuram Mandal, Sri Sathya Sai District and release the essential commodities to the petitioner, as usual, without reference to the ■ impugned order dated 29.11.2025 in Rc. No. 2851/2025/C on the file of the

2nd Respondent, pending disposal of W.P.No.of 2025 and pass such Counsel for the Petitioner:

1. N RANGA REDDY 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 of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring and setting aside the Order dated 29.11.2025 in Rc. No.2851/2025/C on the file of the 2nd Respondent herein, as illegal, arbitrary, unconstitutional, violative of principles of natural justice and contrary to the provisions of APSTPDS (Control) Order, 2018….”

2. Brief facts of the case are as follows:

a) The petitioner was appointed as a temporary Fair Price Shop dealer for shop No.1257060 situated at Kaggallu Village, Hindupuram Mandal, Sri Sathya Sai District in the year 2006. The petitioner‟s authorization was extended from time to time. Since the date of his appointment, the petitioner has been running the Fair Price Shop without there being any complaint either from the cardholders or from the concerned authorities.

b) While things stood thus, basing on a report dated 18.09.2025 submitted by the 3rd respondent/Tahsildar, Hindupur, alleging that a complaint was received from the cardholders of Kaggalu Village, Hindupur Mandal, to the effect that the petitioner was not residing in the Kaggallu village but was residing at Hindupur Town with his family, that he was not distributing essential commodities as per the timings prescribed by the Government, that he was supplying lesser weighments of rice to the cardholders, and that he was collecting higher prices for the essential commodities than fixed by the Government, the 2nd respondent issued a show-cause notice dated

03.11.2025 duly framing four charges and calling for an explanation from the petitioner. For which, the petitioner has submitted his explanation on 10.11.2025, duly enclosing evidentiary material to show that he was residing in Kaggalu Village but not at Hindupur Town. However, without conducting any enquiry, without examining the complainan

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