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2026:APHC:14128

APHC010477822023

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3332]

(Special Original Jurisdiction)

THURSDAY,THE TWENTY NINETH DAY OF JANUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 24775/2023

Between:

1. B HUSSAINAPPA, S/O B. DASTAGIRAPPA, HINDU, SHOP

NO.1325008, 48 YEARS, OCC.FAIR PRICE SHOP DEALER,

MARAKATTU VILLAGE, ALUR MANDAL, KURNOOL DISTRICT.

...PETITIONER

AND

1. T HE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL

SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT

BUILDINGS, VELAGAPUDI, AMARAVATHI.

2. T HE DISTRICT COLLECTOR CS, KURNOOL, KURNOOL

DISTRICT.

3. T HE JOINT COLLECTOR AND ADDITIONAL DISTRICT

MAGISTRATE, KURNOOL, KURNOOL DISTRICT.

4. T HE REVENUE DIVISIONAL OFFICER, PATTIKONDA,

KURNOOL DISTRICT.

5. T HE TAHSILDAR, ALUR MANDAL, KURNOOL 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, declare the action of the

3rd respondent in issuing the proceedings in Appeal Case

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2026:APHC:14128

No.CS.3/65/2023 dated 15.08.2023 confirming the proceedings

Rc.M/4575/2019 dated 22.06.2022 issued by the 4th respondent,

cancelling the petitioners authorization in respect of Shop No.1325008,

Marakattu Village, Alur Mandal, Kurnool District, without considering the

material available on record, as illegal, improper, unjust, arbitrary,

predetermination, colorable exercise of Andhra Pradesh State Targeted

Public Distribution System Control Order, 2018 and also the well

established legal principles apart from being violative of the fundamental

rights guaranteed to the petitioner under Articles 14, 19 and 21 of the

Constitution of India and consequently set aside the same duly permitting

the petitioner to distribute the essential commodities to the card holders

and pass

IA NO: 1 OF 2023

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 stay the operation of the proceedings Appeal Case

No.CS.3/65/2023 dated 15.08.2023 issued by the 3rd respondent, the

proceedings Rc.M/4575/2019 dated 22.06.2022 issued by the 4th

respondent by permitting the petitioner to distribute the essential

commodities to the card holders in Fair Price Shop No.1325008,

Marakattu Village, Alur Mandal, Kurnool District pending disposal of the

writ petition and pass

Counsel for the Petitioner:

1. MAHADEVA KANTHRIGALA

Counsel for the Respondent(S):

1. GP FOR REVENUE

2. GP FOR CIVIL SUPPLIES

The Court made the following:

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2026:APHC:14128

ORDER:

Impugning the proceedings of the Joint Collector in Appeal Case

No.C.S.3/65/2023 dated 15.08.2023 confirming the proceedings of the

Revenue Divisional Officer-4^th respondent herein in proceedings dated

22.06.2022, cancelling the petitioners authorization in respect of shop

No.1325008 in Marakattu Village, Alur Mandal, Kurnool District, the

present writ petition is filed.

2. Head Sri Mahadeva Kanthrigala, learned counsel for the petitioner

and Sri Vineeth Appasani, learned Assistant Government Pleader for

Civil Supplies for the respondents.

3. Learned counsel for the petitioner in elaboration to what has been

stated in the affidavit contended that the petitioner was appointed as a

permanent fair price shop dealer of shop No.1325008 in Marakattu

Village, Alur Mandal, Kurnool District on 23.02.2018. Since appointment,

he has been distributing essential commodities to cardholders to the

satisfaction of both authorities and beneficiaries. While so, show cause

notice dated 24.03.2022 was issued by the Revenue Divisional Officer

(the 4^th respondent), once again alleging similar charges and calling for

explanation. The petitioner submitted his detailed explanation denying

the allegations and specifically contending that no panchanama was

recorded nor inspection was conducted at the petitioner’s fair price shop.

Further, no statements