APHC010178132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

TUESDAY,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 9321/2025 Between:

1. M G RAJENDRA PRASAD, S/O M.G. AYYAPPA, 41 YEARS SHOP NO. 1323033, OCC FAIR PRICE SHOP DEALER, ISVI VILLAGE, ADONI MANDAL, KURNOOL DISTRICT ...PETITIONER AND

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

2. THE COLLECTOR CS, JOINT COLLECTOR AND ADDITIONAL DISTRICT MAGISTRATE, KURNOOL, KURNOOL DISTRICT.

3. THE REVENUE DIVISIONAL OFFICER, ADONI, KURNOOL DISTRICT.

4. THE TAHSILDAR, ADONI 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 tomay be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring he Proceedings Appeal Case No.CS.3/251/2021 dated respondent, confirming the and 07.02.2022 issued by the 2 Proceedings Rc.No.3090/2019 dated 19.08.2021 issued by the 3rd respondent in cancelling the Fair Price Shop Authorization of the petitioner in Shop No. 1323033, Isvi Village, Adoni Mandal, Kurnool District as illegal, improper, unjust arbitrary, colorable exercise of power considering the factual aspect that the petitioner, without following the procedure and contrary to Andhra Pradesh System without DistributionPublicTargetedState (Control) order, 2018 and further direct the respondents to permit the petitioner to distribute the essential commodities to the card holders and pass such 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 stay the Proceedings Rc.No.3090/2019 dated 19.08.2021 issued by the 3rd respondent as well as the Proceedings Appeal Case No.CS.3/251/2021 dated 07.02.2022 issued by the 2nd respondent duly permitting the petitioner to run the Fair Price Shop No. No. 1323033, Isvi Village, Adoni Mandal, Kurnool District pending disposal of the writ petition and pass such 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 pleased to receive the counter copies on record by allowing the leave petition in the above writ petition and pass Counsel for the Petitioner:

1. MAHADEVA KANTHRIGALA Counsel for the Respondent(S):

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

ORDER The writ petition has been filed questioning the orders passed in Appeal Case No.CS.3/251/2021, dated 07.02.2022 of respondent no.2-Collector (CS), Kurnool, confirming the orders passed by respondent no.3-The Revenue Divisional Officer, Adoni, in cancelling the Fair Price Shop authorization of the petitioner in respect of Shop No.1323033, Isvi Village, Adoni Mandal, Kurnool District.

2. The case of the petitioner, in brief, is that based on the report submitted by respondent no.4-Tahsildar alleging irregularities and variation in stock, the F.P.shop authorization of the petitioner was suspended vide proceedings in Rc.CS3/184/2019, dated 05.08.2019 and questioning the said suspension, the petitioner filed Writ Petition vide W.P.No.11594 of 2019, which was disposed of by this Court vide orders dated 05.03.2021 directing the respondent authorities to complete the disciplinary proceedings expeditiously further directing the respondent authorities to continue to supply essential commodities to the petitioner pending disciplinary proceedings. It is the further case of the petitioner that respondent no.3 cancelled the F.P.shop authorization of the petitioner vide proceedings Rc.No.3090/2019, dated 19.08.2021 and appeal preferred against the sam