APHC010095192020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5735/2020 Between:

1. P ANGA LAXMANA RAO,, S/O. LATE RAMACHANDRUDU, AGED ABOUT 57 YEARS, OCC. F.P.SHOP DEALER, R / O. CHAKIPALLI VILLAGE AND POST, TEKKALI MANDAL, SRIKAKULAM DISTRICT.

...PETITIONER AND

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

2. T HE DISTRICT COLLECTOR/JOINT COLLECTOR, , SRIKAKULAM, SRIKAKULAM DISTRICT.

3. T HE TAHSILDAR, TEKKALI MANDEL, SRIKAKULAM 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, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in cancelling the authorization of the petitioner in Rc.No.264/2019,S4 dated 25.01.2020 by the 2nd respondent is illegal, arbitrary, and violation of principles of natural justice and consequently set aside the same IA NO: 1 OF 2020 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 to suspend the proceedings in Rc.No.264/2019,S4 dated 25.01.2020 by the 2nd respondent by continuing the petitioner as Fair Price Shop Dealer of FP.Shop.No.0127118 of Chakipalli Village, Tekkali Mandal, Srikakulam District, pending disposal of the above writ petition IA NO: 1 OF 2024 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 permit/receive counter copies on record by granting the leave to the respondent in the above writ petition 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 grant leave to file the reply to counter affidavit in the W.P. No. 5735 OF 2020 and pass Counsel for the Petitioner:

1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP)

The Court made the following:

THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5735/2020 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 one in the nature of Writ of Mandamus, declaring the action of the 2^nd respondent in cancelling the authorization of the petitioner in Rc.No.264/2019,S4 dated 25.01.2020 is illegal, arbitrary, and violation of principles of natural justice and consequently set aside the same…”

2. The petitioner was appointed as a permanent Fair Price Shop dealer for Shop No.0127118 situated in Chakipalli Village, Tekkali Mandal, Srikakulam District on 16.02.1993. On 02.08.2019, an inspection was conducted over the petitioner‟s Fair Price Shop by the inspecting officials and has reported certain irregularities. Based on the report submitted by the 3^rd respondent, the 2^nd respondent issued a show cause notice duly framing nine charges as against the petitioner, on 22.08.2019, for which, the petitioner submitted an explanation on 10.10.2019. But however, the 2^nd respondent, even without considering the explanation submitted by the petitioner vide proceedings dated 28.08.2019, suspended the petitioner‟s authorization basing on 6A report. Challenging the said suspension order, the petitioner was constrained to file W.P.No.12768 of 2019, and the same as allowed on 01.11.2019 by setting aside the suspension order dated 28.08.2019.

3. Subsequently, basing on a fresh complaint dated 11.01.2020 received from one Sri Duvvada Srinivas, alleging non supply of essential commodities to 30 c