APHC010097542026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 5531/2026 Between:

1. KOPPULA ESWARAIAH, S/O NARASAIAH LATE AGE 78 YEARS, OCC FP SHOP DEALER FOR SHOP NO.0837016, BADINENIPALLI VILLAGE KONNAROLE MANDAL, MARKAPURAM DIST.-523373 ...PETITIONER AND

1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST.

2. THE COLLECTOR CS, MARKAPURAM DIST., AT MAKRAPUR.-

518502

3. THE REVENUE DIVISIONAL OFFICER, MARKAPUR DIVISION, MARKAPURAM DIST.-518502

4. THE TAHSILDAR, KOMAROLE MANDAL, MARKAPURAM DIST.-

523373 ...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 or direction preferably writ of mandamus declaring the order issued by the petitioner's authorization in respect of the F.P Shop No.0837016, Badinenipalli Village Komarole Mandal, Markapuram Dist., without following the procedure as contemplated under AP State Targetted Public Distribution System (Control) Order,2018 is illegal, arbitrary, and violative of principles of natural justice and consequentially set aside the impugned order dt 29-l-2026 by directing the Respondents to continue petitioner as FP Shop dealer as usual, IA NO: 1 OF 2026 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 order passed by the 3rd respondent vide Rc.C/676/2025 dt:29-l-2026 in respect of the F.P Shop No.0837016, Badinenipalli Village Komarole Mandal, Markapuram Dist, by continuing the petitioner as dealer as usual, pending disposal of the writ petition Counsel for the Petitioner:

1. M M M SRINIVASA RAO Counsel for the Respondent(S):

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

The grievance of the petitioner is that respondent No.3, without following the procedure contemplated under AP State Targetted Public Distribution System (Control) Order, 2018, without conducting any independent enquiry and without considering his explanation, passed the order vide proceedings in Rc.C/676/2025 suspending his authorization in respect of the Fair Price shop bearing No.0837016, Badinenipalli Village, Komarole Mandal, Markapuram District.

2. Heard Sri Sk.Rafi, learned counsel, representing Sri M.M.M.Srinivasarao, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies appearing for the respondents.

3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the respondent authorities, alleging variations between the ground stock and the book balance, issued a show cause notice dated 02.12.2025 to the petitioner. Though the petitioner submitted his explanation dated 05.12.2025, the authorities, without considering the same, in a mechanical way, suspended the authorization of the petitioner without assigning any reasons. Hence, the impugned suspension order is liable to be set aside.

4. On the other hand, learned Assistant Government Pleader, justified the impugned order of suspension, contending that as the authorities found irregularities in running the Fair Price shop, suspended the authorization of the petitioner, pending enquiry in exercise of the powers conferred by provisions under Clause 8(4) of Control Order 2018 vide G.O.Ms.NO.11, CA F & CS (CS.I) Department, dated 09.09.2020. He further contended that the writ petition being meritless deserves dismissal. Accordingly, prayed to dismiss the writ petition.

5. Perused the material available on record and considered the submissions made by learned counsel for the parties.

6. The petitioner’s Fair Price shop dealership authorizatio