THE HON’BLE SMT JUSTICE K.SUJANA

O R D E R:

The writ petition is filed by the petitioner seeking the following relief:

“……to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the Impugned Order of the 4th respondent in Proceedings No.C/590/2025 dt.28.05.2025 whereby suspending the authorization of the petitioner held for F.P.Shop No.3505028 of Thimmapur, Khanapur Town and Mandal, Nirmal District and the consequential proceedings of the 5^th respondent vide Proceeding No.B/425/2025 dt.29.05.2025 where under entrusting the additional charge to the third party as illegal, arbitrary, unconstitutional and contrary to the provisions of T.S.PDS(Control) Order, 2016 and in violation of Article 14, 21 & 300-A of Constitution of India and consequently set aside the Impugned Order of the 4th respondent in Proceeding Nos.C/590/2025 dt.28.05.2025 and the consequential Proceedings of the 5th Respondent vide Proceeding No.B/425/2025, dt.29.05.2025 and to allow the petitioner to function as F P Shop dealer in the interest of justice and pass……”

2. Heard Mr. C. Hari Preet, learned counsel for the petitioner; Mr. G.Nagaraju, learned Assistant Government Pleader for Civil Supplies, appearing for respondents No.1 to 3; and Mr. L. Ravinder, learned Assistant Government Pleader for Revenue, appearing for respondents No.4 and 5.

3. Learned counsel for the petitioner submitted that the petitioner was appointed as Fair Price Shop dealer in 2009 for Shop No.28, (New No.3505028), situated at Thimmapur, Khanapur Town and Mandal, Nirmal District, vide authorization No.35/KNR/2009. Since then, the petitioner had been supplying the Essential Commodities to the satisfaction of the card holders, without any adverse remarks. While so, show cause notice dated 28.05.2025 was issued to the petitioner calling upon her to submit explanation as to why her authorization to run the subject fair price shop should not be cancelled. Subsequently, respondent No.4 - the Revenue Divisional Officer, Nirmal, without giving any opportunity of hearing to the petitioner issued impugned proceedings No.C/590/2025 dated 28.05.2025, suspending her license on the ground that she is not residing in Nirmal Village and the subject fair price shop is being run by third parties. The action of respondent No.4 in issuing the impugned proceedings dated 28.05.2025 without giving any opportunity to submit explanation to the show cause notice dated 28.05.2025 and opportunity of hearing to the petitioner is arbitrary and unjust, as such, she is constrained to approach this Court.

4. On the other hand, learned Assistant Government Pleader for Civil Supplies submitted that the petitioner herein is not running the subject far price shop and it is managed by third parties. The petitioner also shifted the subject fair price shop from the said premises to another location without obtaining any valid permission from the concerned authorities. As the petitioner submitted her explanation to the show cause notice dated 28.05.2025, the same shall be disposed of, in accordance with law.

5. Considering the submissions made by the learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies, and material on record, this Court deems it appropriate to direct the respondent authorities to consider the explanation submitted by the petitioner to the show cause notice dated 28.05.2025 and pass appropriate orders, in accordance with law by giving opportunity of hearing to the petitioner, within a period of seven (7) days from the date of receipt of a copy of this order. Pending such exercise, the impugned proceedings No.C/590/2025 dated

28.05.2025 issued by respondent No.4, shall stand suspended.

6. Accordingly the writ petition is disposed of. No costs.

Miscellaneous petitions, if any pending, shall stand closed.

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JUSTICE SMT.K.SUJANA June 4, 2025 NOTE: Issue C.C. tomorrow

(BO) RRK/MS