APHC010036832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 1911/2025 Between:

1. M OPURU NARASA REDDY, S/O PEDDA VENKATESHWARA REDDY AGED ABOUT 46 YEARS, F.P. SHOP DEALER, SHOP NO. 0741018, R/O H. NO. 4-44, KONDRAMUTLA VILLAGE, IPURU MANDAL, PALNADU DISTRICT, ANDHRA PRADESH.

...PETITIONER AND

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

2. T HE JOINT COLLECTOR, (CIVIL SUPPLIES) PALNADU, PALNADU DISTRICT.

3. T HE SUB COLLECTOR, NARASARAOPET, PALNADU DISTRICT.

4. T HE TAHASILDAR, (CIVIL SUPPLIES), IPURU MANDAL PALNADU DISTRICT.

5. T HE DEPUTY TAHASILDAR, (CIVIL SUPPLIES), VINUKONDA.

...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 any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3RD respondent in issuing Proceedings Rc.1505/2024-B dated 06-01-2025 cancelling the writ petitioner's authorization of Fair Price Shop no. 0741018, Kondramutla village, Ipuru Mandal, Palnadu District without conducting enquiry by giving opportunity of hearing and by recording valid reasons in violation of the provisions of Andhra Pradesh State Targeted Public Distribution System Control Order, 2018 as illegal, arbitrary against to the principles of natural justice and consequently set- aside the same by directing respondents to permit the petitioner to supply the stocks to the card holders of fair price shop no. 0741018 of Kondramutla village, Ipuru Mandal, Palnadu 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 to suspend the impugned Proceedings Rc. 1505/2024-G dated 06-01-2025 issued by 3RD respondent by directing the respondent to permit the writ petitioner to supply the essential commodities to the card holders of Fair Price shop No. 0741018 of Kondramutia village, Ipuru Mandal, Palnadu district and pass Counsel for the Petitioner:

1. K V RAGHU VEER Counsel for the Respondent(S):

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

ORDER:

The case of the petitioner is that he was appointed as a dealer of fair price shop No.0741018 of Kondramutla Village, in the year 2012 and discharging his duties as dealer and supplying the commodities to the cardholders to the utmost satisfaction of the officials and the cardholders. While so, on 08.08.2024 at 12.00 PM the officials have conducted inspection in petitioner’s fair price shop and found variations in rice stocks between the ground stock available in the fair price shop and entries recorded in ePOS device, the respondents, handed over the stocks to another dealer and suspended the authorization of the petitioner. Aggrieved by the said suspension, the petitioner preferred a writ petition vide W.P.No.20774/2024 wherein this Court, on 30.09.2024, disposed of directing the petitioner to submit explanation along with necessary documents to the concerned authorities and further directed the authorities to conduct enquiry within two months.

Thereafter, the petitioner submitted his explanation dated

17.10.2024 and the 3^rd respondent issued notice dated 30.10.2024 informing the petitioner to appear before him on 06.11.2024 along with evidence and explanation in Section 6A case and he submitted another explanation on 06.11.2024 duly informing that the stock has been supplied to the cardholders as well as to the Headmasters of the concerned school institutions wherein they put their thumb impression on the biometric machine for receiving stock. Further, the Headmistress of the said schools stated that she cannot take rice immediat