APHC010300382023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15944/2023 Between:

1. U LAKSHMI BHARATHI, W/O KRISHNA MURTHY AGE.37 YEARS, OCC. FP SHOP DEALER OF SHOP NO.1024020, KALYANAPURAM VILLAGE NARAYANAVANAM MANDAL, TIRUPATHI DIST ...PETITIONER AND

1. T HE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST.

2. T HE COLLECTOR CS, TIRUPATHI DIST., AT TIRUPATHI.

3. T HE REVENUE DIVISIONAL OFFICER, TIRUPTHI DIVISION, TIRUPATHI DIST

4. T HE TAHSILDAR, NARAYANAVANAM MANDAL, TIRUPATHI DIST.

...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 3rd respondent vide Roc.G/446/2022 dt.28-9-2022 cancelling the petitioner's authorization in respect of the of Shop No.1024020, Kalyanapuram Village, Narayanavanam Mandal, Tirupathi dist, without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order,2018 is illegal, arbitrary, and volatile of principles of natural justice and consequently set aside the order dt.28- 9-2022 by directing the respondents to release Essential Commodities in favour of the petitioner as usual 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 Suspend the operation of the order issued by the 3rd respondent vide Roc.G/446/2022 dt.28-9-2022 cancelling the petitioner's authorization in respect of the of Shop Shop No.1024020, Kalyanapuram Village, Narayanavanam Mandal, Tirupathi dist,., by continuing the petitioner as FP Shop dealer, pending disposal of the writ petition.

IA NO: 2 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 vacate the interim order dated 07.07.2023 passed in W.P.No. 15944 of 2023 and dismiss the above writ petition and pass 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:

Impugning the proceedings vide Roc.G/446/2022, dated

28.09.2022, issued by the 3^rd respondent-Revenue Divisional Officer, cancelling the petitioner’s authorization in respect of Fair Price Shop No.1024020 of Kalyanapuram Village, Narayanavanam Mandal, Tirupathi District, the present writ petition is filed.

2. Heard Sri M.M.M.Srinivasa Rao, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies.

3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the petitioner was appointed as Fair Price Shop dealer for the Shop No.1024020 of Kalyanapuram Village, Narayanavanam Mandal, Tirupathi District, in the year 2008. Since then, the petitioner has been running the shop smoothly and efficiently and no complaints whatsoever have been received from any cardholder or from any authority. He further submitted that based on the report of the 4^th respondent, the 3^rd respondent issued show cause notice to the petitioner inviting explanation. The petitioner submitted explanation refuting the charges. He further submitted that without considering the said explanation, without affording an opportunity of personal hearing and without conducting proper enquiry, the 3^rd respondent had issued the impugned proceedings dated 28.09.2022 cancelling the authorization of the petitioner as Fair Price Shop dealer. He contends that the respondent authorities have failed to supply a copy of the 4^t