APHC010121732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

MONDAY,THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6123/2025 Between:

1. YERRAM PUSHPAVATHI, W/O. KRISHNA MURTHY, AGED ABOUT

70 YEARS, OCC. F.P. SHOP DEALER, SHOP NO. 0715048, R/O. NANDIGAM VILLAGE, SATTENAPALLI MANDAL, PALNADU DISTRICT.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, VELAGAPUDI SECRETARIAT BUILDING, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH.

2. THE REVENUE DIVISIONAL OFFICER, SATTENAPALLI REVENUE DIVISION, SATTENAPALLI, PALNADU DISTRICT.

3. THE TAHSILDAR, SATTENAPALLI MANDAL, PALNADU 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 or order more particularly one in the nature of writ of mandamus or an appropriate writ or order declaring the proceedings in Rc. No. 359/2025-C, dated 15.02.2025 passed by the 2nd respondent where under cancelled the authorization of the petitioner shop no. 0715048, Nandigam village, Sattenapalli Mardal,Patnadu District, is illegal, arbitrary and unconstitutional and against to the principles of natural justice and contrary to the Control Orders and consequently directed the respondents 2 and 3 permit the petitioner to distrit)ute the essential commodities to the card holders, and to 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 proceedings in Rc. No. 359/2025-C, dnted 15.02.2025 passed by the 2nd respondent whereunder cancelled the authorization of the petitioner shop no. 0715048, Nandigam vilhige, Sattenapalli Mandal, Palnadu District, pending disposal of the writ petition and pass IA NO: 2 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 vacate the Interim Order dated 11.3.2025 passed in I.A.No.1 of 2025 in W.P.No.6123 of 2025 and dismiss the writ petition and to pass Counsel for the Petitioner:

1. KOTI REDDY IDAMAKANTI Counsel for the Respondent(S):

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

ORDER The writ petition has been filed questioning the proceedings vide Rc.No.359/2025-C, dated 15.02.2025 of respondent no.2 cancelling the Fair Price Shop authorization of the petitioner in respect of Shop No.0715048, Nandigam Village, Sattenapalli Mandal, Palnadu District.

2. The case of the petitioner, in brief, is that she was appointed as F.P.shop dealer of the subject F.P.shop on permanent basis and ever since she had been supplying essential commodities to the cardholders. It is the further case of the petitioner that basing on the report of the Deputy Tahsildar submitted to respondent no.2 with false allegations, the respondent no.2, without verifying the genuinity of the allegations, issued show cause notice dated 30.01.2025 as if there was shortage of rice and that the petitioner had violated the clauses of control order, for which the petitioner submitted explanation and thereafter, the petitioner’s F.P.shop authorization was cancelled vide impugned proceedings. It is the further case of the petitioner that no independent enquiry was conducted and the petitioner was not afforded any opportunity of personal hearing and therefore, the impugned orders having been passed in violation of principles of natural justice and the provisions of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, are liable to be set aside.

3. Heard Sri Ashok, learned counsel, representing Sri I.Koti Reddy, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplie