APHC010282672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14278/2025 Between:

1. R .Sekhar, S/o K.Ramaswamy Mandadi age- 65 years, occ- f.p. Shop dealer of Shop no.1049016, Thugundram village Gangadhara Nellore Mandal, Chittoor dist.

...petitioner and

1. S tate Of Andhra Pradesh, Rep.By Its Principle Secretary Civil Supplies Department, Secretariat, Velagapudi, Guntur dist.

2. T he Joint Collector Cs, Chittoor town, Chittoor dist.

3. T he Revenue Divisional Officer, Chittoor town, Chittoor dist.

4. T he Tahsildar, Gangadhara Nellore Mandal, Chittoor 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 D.Dis G/345/2025 dt- 14-5-2025 cancelling the petitioners authorization in respect of the F.P Shop No. 1049016, Thugundram Village, Gangadhara Nellore Mandal, Chittoor Dist., without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order,2018 as illegal, arbitrary, and violative of principles of natural justice and consequently set aside the said order dt- 14-5-2025 and further direct the respondents to continue the petitioner as FP Shop dealer as usual 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 may be pleased to Suspend the operation of the order issued by the 3'"^ respondent vide D.Dis G/345/2025 dt: 14-5-2025 cancelling the authorization of the petitioner in respect of FP Shop No. 1049016, Thugundram Village, Gangadhara Nellore Mandal, Chittoor Dist., by continuing the petitioner as FP Shop dealer, pending disposal of the writ petition.

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 May be pleased to vacate the Interim order dated 25.06.2025 passed in I.A. No.1 of 2025 in W.P. No.14278 of 2025 and dismiss the 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:

The present writ petition is filed challenging the proceedings dated

14.05.2025 issued by the 3^rd respondent (RDO) vide D.Dis G/345/2025 wherein the petitioner’s authorization for shop No.1049016 was cancelled.

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, basing on the tahsildar’s report dated 21.03.2025 on allegations of variations in stock & others, the RDO has issued show cause notice on 25.04.2025, to which the petitioner had submitted his explanation dated 03.05.2025. He further submitted that, without considering the said explanation, without providing an opportunity of personal hearing and without conducting proper enquiry, the RDO (3^rd respondent) had issued the impugned proceedings cancelling the authorization of the petitioner as fair price shop dealer. He further submitted that, the document leading to the charges, such as panchanama, tahsildar’s report were not supplied to the petitioner so as to enable him to file effective reply and that the authorities did not conduct enquiry as contemplated under Clause 8(4) of the A.P. State Targeted Public Distribution System (Control) Order, 2018 (for short, ‘control order, 2018) and therefore, there is violation of fundamental principles of natural justice besides in violation of the proc