N.Rama Sanjeeva Reddy, Vs The State of Andhra Pradesh

N.RAMA SANJEEVA REDDY,, S/O.LATE NAGA BASI REDDY, HINDU, AGED 54 YEARS, OCC- FAIR PRICE SHOP DEALER OF SHOP NO.1137030, R/O.POTHUKURUPALLI (V), RAMAPURAM (M), ANNAMAYYA DISTRICT

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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THE JOINT COLLECTOR CS, ANNAMAYA DISTRICT, RAYACHOTY

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THE REVENUE DIVISIONAL OFFICER, RAYACHOTI ANNAMAYYA DISTRICT

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THE TAHSILDAR, RAMAPURAM MANDAL, ANNAMAYYA DISTRICT 5. THE DEPUTY TAHSILDAR, M.L.S.POINT, L.R.PALLI (M),ANNAMAYYA DISTRICT

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THE VILLAGE REVENUE OFFICER, BANDAPALLI VILLAGE RAMAPURAM MANDAL, ANNAMAYYA DISTRICT

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...RESPONDENT(S):

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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

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VS,J W.P.No.3243 of 2025

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pleased to issue a Writ order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in issuing the proceedings vide Ref.No.C/713/2024 dt.28.01.2025 suspending the Petitioners authorization of Fair Price Shop No.1137030, Pothukurupalli village, Ramapuram Mandal, Annamayya District pending enquiry, without giving sufficient time to give explanation to Show Cause Notice dt.24.01.2025 and without supplying copies of panchanama, complaint etc., as illegal, arbitrary, unconstitutional, violative of Principles of Natural Justice and contrary to provisions of the Essential Commodities Act and the A.P.State Targeted Public Distribution system Control Order 2018, by setting aside the same and consequently direct the respondents No 2 to 6 to release the Essential Commodities to the petitioner for the Fair Price Shop No.1137030, Pothukurupalli village Ramapuram Mandal, Annamayya District and

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IA NO: 1 OF 2025

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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 proceedings vide Ref.No.C/713/2024 dt.28.01.2025 issued by the 3'^^ respondent, directing the respondents 2 to 6 to continue the petitioner the fair price shop dealer for Fair Price Shop No. 1137030, Pothukurupalli village, Ramapuram Mandal, Annamayya District by releasing the Essential Commodities to the petitioner for the Fair Price Shop No. 1137030, Pothukurupalli village, Ramapuram Mandal, Annamayya District, pending disposal of the Writ Petition before this Hon’ble Court and to pass

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Counsel for the Petitioner:

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1.HABIBULLA SHAIK

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.GP FOR CIVIL SUPPLIES

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The Court made the following:

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VS,J W.P.No.3243 of 2025

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The Court made the following Order:

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The present Writ Petition is filed under Article 226 of Constitution of

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India seeking the following relief:

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“…to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 3^rd Respondent in issuing the proceedings vide Ref.No.C/713/2024 dt.28.01.2025 suspending the Petitioner’s authorization of Fair Price Shop No.1137030, Pothukurupalli village, Ramapuram Mandal, Annamayya District pending enquiry, without giving reasonable time to give explanation to Show Cause Notice dt.24.01.2025 and without supplying copies of panchanama, complaint, statements etc., as illegal, arbitrary, unconstitutional, violative of Principles of Natural Justice and contrary to provisions of the Essential Commodities Act and the A.P.State Targeted Public Distribution system Control Order 2018, by setting aside the same and consequently direct the respondents No 2 to 6 to release the Essential Commodities to the petitioner for the Fair Price Shop No.1137030, Pothukurupalli village Ramapuram Mandal, Annamayya District …”

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Brief facts of the case as follows:

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a) The petitioner was appointed as a Fair Price Shop dealer of Shop No.1137030, Pothukurupalli, Ramapuram Mandal, Annamayya District on compassionate grounds vide proceedings Ref.No.C/710/2014, dated 23.08.2014 issued by the 3^rd respondent. Thereafter, his authorization has been extended from time to time. The petitioner has been distributing essential commodities to the cardholders without there being any complaint either from the cardholders or the concerned authorities.

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b) While the matter being so, on 18.01.2025, the inspecting officials inspected the petitioner’s shop and during the said inspection, found certain irregularities. Basing on the report of the Tahsildar, dated 18.01.2025, the 3^rd respondent issued a show-cause notice dated 24.01.2025 calling for an

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VS,J W.P.No.3243 of 2025

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explanation from the petitioner on or before 27.01.2025, but in fact the same was served on the petitioner on 25.01.2025 at 1.20 p.m.

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c) The grievance of the petitioner is that even without giving sufficient time to the petitioner to submit his explanation, on 28.01.2025 itself, the 3^rd respondent suspended the petitioner’s authorization solely based on the report of the Tahsildar dated 18.01.2025 and also made alternative arrangements for un-interrupted supply of essential commodities to the cardholders. Challenging the proceedings dated 28.01.2025, the present writ petition is filed.

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Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies.

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On a perusal of the show-cause notice dated 24.01.2025, it can be observed that the petitioner was directed either to submit his explanation on or before 27.01.2025 or to attend personal hearing. However, it can be further observed that, without waiting for an explanation from the petitioner, the 3^rd respondent vide proceedings in Ref No.C/713/2024 dated 28.01.2025 the petitioner’s authorization was suspended, which is a clear violation of the principles of natural justice.

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Accordingly, the Writ Petition is allowed, setting aside the impugned proceedings dated 28.01.2025 and directing the petitioner to submit his explanation to the show-cause notice dated 24.01.2025 within a period of two (2) weeks from the date of receipt of a copy of this order. Thereafter, the 3^rd

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VS,J W.P.No.3243 of 2025

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respondent shall pass appropriate orders in accordance with law within a period of four (4) weeks thereafter. The respondents are directed to supply essential commodities to the petitioner’s fair price shop till initiation of disciplinary proceedings. No costs.

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Miscellaneous petitions pending, if any, shall stand closed.

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______________________ JUSTICE V.SUJATHA

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Date:17.09.2025 KGR

N.Rama Sanjeeva Reddy, v. The State of Andhra Pradesh

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N.Rama Sanjeeva Reddy, v. The State of Andhra Pradesh

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