APHC010308662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

MONDAY,THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15378/2025 Between:

1. R AMISETTY SATYA NARAYANA, S/O. RAMA RAO, AGED 50 YEARS, OCC FAIR PRICE SHOP DEALER, SHOP NO. 15, R/O. H. NO. 3-135, YERRAVARAM VILLAGE, YELESWARAM MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH.

...PETITIONER AND

1. T HE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH.

2. T HE COMMISSIONER CIVIL SUPPLIES, AP STATE CIVIL SUPPLIES CORPORATION LTD, D. NO. 10-152/1, CIVIL SUPPLIES BHAVAN, 3RD FLOOR, SRI SAI TOWERS, BESIDE SIRIS COMPANY, KANURU, VIJAYAWADA, KRISHNA DISTRICT - 520007.

3. T HE REVENUE DIVISIONAL OFFICER, PEDDAPURAM, KAKINADA DISTRICT, ANDHRA PRADESH.

4. T HE TAHSILDAR, YELESWARAM MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH.

...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 topleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents mot e particularly the 3rd respondent in issuing proceedings as well as a non-speaking order in Reference No. Nil/2025 dated Nil/06/2025 dated 16.06.2025 in suspending the license of the petitioner in consonance with the show cause notice dated 09.06.2025 in Ref.A/555/2025 without considering the response made by the petitioner dated 18.06.2025 though the impugned order passed after receipt of the same but mentioning the date as 16.06.2025 as illegal, arbitrary and also oppose to all cannons of justice as well as oppose to principles of natural justice consequentially suspend the operation of the proceedings dated 16.06.2025 issued by the 3rd respondent in consonance with the show cause notice dated 09.06.2025 in Ref.A/555/2025 by supplying the commodities to the petitioner forthwith 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 pleased to suspend the operation of the 16.06.2025proceedings dated issued by the 3rd respondent in consonance with the show cause notice dated 09.06.2025 in Ref.A555/2025 by supplying the commodities to the petitioner forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner:

1. V SAI KUMAR Counsel for the Respondent(S):

1. GP FOR REVENUE

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

O R D E R:

Questioning the proceedings dated 16.06.2025 issued by the

3^rd respondent vide Ref:A/Nil/2025 suspending the petitioner’s authorization in respect of Fair Price Shop No.15, Yerravaram Village, Yeleswaram Mandal, the present writ petition is filed.

2. Heard Ms. Ayesha Siddiqua, learned counsel representing Sri V. Sai Kumar, learned counsel for the petitioner and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies.

3. Learned counsel for the petitioner while reiterating the contents of the writ affidavit would contend that the authorities, alleging that the petitioner is not opening the fair price shop during the distribution of essential commodities, issued show cause notice, for which the petitioner submitted explanation, however, the authorities, without considering the explanation, in a mechanical way, suspended the authorization of the petitioner without giving reasons in violation of the orders passed by this Court in K.Prabhavathi vs. State of A.P., 2020(6) ALD 209, therefore, the impugned suspension order is liable to be set aside. Accordingly, prayed to allow the writ petition.

4. Sri Appasani Vineeth, learned Assistant Government Pleader, justified the impugned order of suspension contending