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2026 Supreme(Online)(AP) 21818

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


(Special Original Jurisdiction)


WRIT PETITION NO: 11698/2026


Between:


1. K ALLA APARANJANI, W/O LAKSHMANA RAO, FEMALE, AGED 40 YEARS, OCC DEALER, R/O D.NO. 2-241, KOVVADA VILLAGE, KAKINADA RURAL MANDAL, KAKINADA, EAST GODAVARI DISTRICT - 533006


...PETITIONER


AND


1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH -522237


2. THE REVENUE DIVISIONAL OFFICER, KAKINADA, EAST GODAVARI DISTRICT - 533001


...RESPONDENT(S):


Counsel for the Petitioner:


1. N ANULA


Counsel for the Respondent(S):


1. GP FOR CIVIL SUPPLIES


THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI


FRIDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY SIX

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, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action) of the 2nd respondent in issuing proceedings vide . G/C No.68868/2026 dt.02.03.2026, thereby suspended from the dealership of FP Shop No. 0423036, Kovvada Village, Kakinada Rural Mandal, East Godavari District inspite of collecting the requisite penalty amount from the petitioner is illegal, irregular, arbitrary and violative of the provisions of Andhra Pradesh State Public Distribution System (Control) Orders, 2018 and also offends Articles 14 and 21 of the Constitution of India and consequently, set aside the proceedings issued by the 2nd respondent in G/C No.68868/2026 dt.02.03.2026 and pass

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 to suspend the proceedings vide G/C No.68868/2026 dt.02.03.2026, issued by the 2nd respondent by permitting the petitioner to supply the Essential Commodities to the cardholders from the petitioner's Fair Pride Shop No.0423036 of Kovvada Village, Kakinada Rural Mandal, East Godavari District, pending disposal of the main Writ Petition.

The Court made the following:

ORDER:

The case of the petitioner herein is that she has been appointed as fair price shop dealer for Shop No.0423036 in Kovvada Village, Kakinada Rural Mandal, East Godavari District, in the year 2009 and ever since, she was distributing essential commodities to the utmost satisfaction of the cardholders and the officials. While so, on 08.02.2026, i.e., on Sunday, the Deputy Tahsildar, Civil Supplies, and Village Revenue Officer inspected the said shop at closing time and found variations in the closing balance of e-pos machine compared with ground balance and seized the stock and handedover the charge to permanent dealer of shop No.0423032. Subsequently, basing on the report of the Deputy Tahsildar, Kakinada Rural Mandal, the 2nd respondent issued show cause notice dated 17.02.2026, fixing 7 days time for submitting explanation. On 20.02.2026, petitioner submitted her explanation informing that there is shortage of 1 or 2 Kgs of rice in each bag received from the MLS point and the authorities have only counted the bags without weighing the rice on weighing machine and the said shortage is permissible, accordingly, prayed to drop the proceedings and restore the shop.

It is her further case that considering the explanation, the 2nd respondent passed orders vide G/C NO.68868/2026 dated 02.03.2026 imposing one time penalty with a warning not to repeat such mistakes again and directed to remit the amount through challan towards the civil supplies head of account in treasure department. Accordingly, the petitioner paid the said amount on 09.03.2026 vide challan No.91394286492025. Thereafter, the 2nd respondent issued proceedings vide G/C No.68868/2026 dated 02.03.2026 with an anti date duly stating that in view of temporary vacancy arosed due to filing of 6A case against the petitioner, additional charge of the petitioner’s shop has been given to regular dealer.

It is her further case that without there being any complaint from any cardholder, the inspecting authorities inspected the shop and without proper verification and examination, the 2nd respondent issued impugned proceedings suspending the dealership of the petitioner without conducting detailed enquiry. Assailing the same, the present writ petition has been filed.

Heard Ms.N.Anula, learned counsel for the petitioner and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies for the respondents.

Learned counsel for the petitioner in elaboration to what has been stated in the affidavit submitted that firstly the RDO has no power or authority

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