Allowed¶07

M.R.EIumalai v. State of Andhra Pradesh

Andhra Pradesh HC7 Jan 2025WP/416/2025

Case brief

AI extract

What is this about?

APHC010007212025; W.P.No.416 of 2025; Elumalai v. State of Andhra Pradesh; fair price shop dealer; show cause notice Rec.K/965/2024 dt:30.12.2024; proposed cancellation of FP Shop No.1086007, Dasarigutta Village, Puttur Mandal, Chittoor District; PDS rice variation 38 kgs of 8,840 kgs; R.G.Dal variation 3 kgs of 540 kgs; Clause 29(a) A.P. State Targeted Public Distribution System (Control) Order, 2018; permissible minor variation up to 1.5% per month; Article 226 Constitution of India; writ of mandamus; writ petition allowed; show cause notice set aside; no costs; Justice B S Bhanumathi; decided 08.01.2025.

What did the court decide?

Writ petition allowed; impugned proceeding vide Rec.K/965/2024 dt:30.12.2024 issued by respondent No.3 set aside; no order as to costs; pending miscellaneous applications, if any, closed. ¶07

M.R.EIumalai Vs State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

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APHC010007212025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3311]

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WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE MS JUSTICE B S BHANUMATHI

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WRIT PETITION NO: 416/2025

Between:

Mr.Elumalai

...PETITIONER

AND

State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.M M M SRINIVASA RAO

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Counsel for the Respondent(S):

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1.GP FOR CIVIL SUPPLIES

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The Court made the following Order:

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This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:

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“…pleased to issue a writ or direction preferably writ of mandamus declaring the show cause notice issued by the 3^rd respondent vide Rec.K/965/2024 dt:30.12.2024 proposing for cancellation of FP Shop bearing No.1086007 of Dasarigutta Village, Puttur Mandal of Chittoor Dist., though the variation of PDS rice is 38 (+) kgs and R.G.Dal 3 (-) kgs, which are permissible in nature as per Clause 29 (a) of A.P. State Targeted Public

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W.P.No.416 of 2025 Dt:08.01.2025

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Distribution System (Control) Order, 2018 wherein minor variation in respect of a single commodity up to 1.5% may be allowed taking into consideration of transactions of one month is illegal, arbitrary, contrary and violative of principles of natural justice and consequently set aside the notice dt:30.12.2024 and further direct the respondents to continue the petitioner as FP Shop dealer as usual and pass…”

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The learned counsel for the petitioner submitted that the petitioner is a dealer of fair price shop No.1086007 of Dasarigutta Village, Puttur Mandal of Chittoor District. It is further submitted that although no provision of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, had been violated, the show-cause notice dated 26.12.2024 had been illegally issued. The learned counsel further submitted that the only discrepancy cited in the table of commodities is a variation of 38 kilograms of PDS rice out of a total stock of 8,840 kilograms. According to Clause 29(a) of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, a variation of up to 1.5% of the commodity per month is permissible. Therefore, the issuance of notice itself is bad in law and should be deemed invalid.

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The learned Assistant Government Pleader for Civil Supplies placed on record the written instructions of the 3^rd respondent, dated 30.12.2024 and submitted that the show-cause notice had been issued due to the observed variation. It was further submitted that if the petitioner wishes to give reply, the same can be submitted by way of an explanation to the show-cause notice.

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In response, the learned counsel for the petitioner submitted that since the issuance of the notice itself constitutes a serious violation of the provisions of law, the same can be challenged in the present writ petition.

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The following variation of stocks pertains to physical stocks:-

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W.P.No.416 of 2025 Dt:08.01.2025

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Sl.No	Name of the Commodity	Allotted stock in the month of December (In Kgs)	Remaini ng stock for the previous month (In Kgs)	Distributed stock up to 04/12/2024 (In Kgs)	Remaini ng balance (In Kgs/Ltrs)	Balance available on the ground (In Kgs/Ltrs)	Difference / variation (In Kgs)
1	PDS Rice	8840	325	1538	7627	7586	38
2	ICDS Rice	108	0	0	108	108	0
3	Fortified Rice	67	0	0	67	67	0
4	Sugar	564	0	57	507	507	0
5	P.Oil	44	0	0	44(ltrs)	44(ltrs)	0
6	R.G.Dal.I.C. D.S	37	0	0	37	37	0
7	R.G.Dal	540	0	59	471	468	3

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A perusal of the contents in the aforementioned table indicates that the issuance of the show-cause notice is, in fact, illegal as rightly contended by the learned counsel for the petitioner. In the event any quantity of variation exceeds the permissible limit, the petitioner would be required to submit an explanation justifying the variation. However, since the variation in this case is within the permissible limit, it is a matter in which interference with the impugned proceeding is warranted.

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