Sairam Self Help Group Vs The State of Andhra Pradesh

SAIRAM SELF HELP GROUP, REPRESENTED BY ITS GROUP LEADER HANUMANTHU ALEKHYA, W/ O SATYANARAYANA, AGED ABOUT 30 YEARS, OCC. F.P SHOP DEALER, R/O. KUMMARIGUNTA VILLAGE, VEERAGHATTAM MANDAL, PARVATHIPURAM MANYAM DISTRICT. ERSTWHILE SRIKAKULAM DISTRICT

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT, A.P. PINCODE. 522238 REP. BY ITS SECRETARY.

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THE COMMISSIONER OF CIVIL SUPPLIES, VIJAYAWADA, A.P. PINCODE. 520007

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THE COLLECTOR CS AND ADDL DISTRICT MAGISTRATE, PARVATHIPURAM MANYAM DISTRICT, A.P PINCODE. 535501

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THE SUBCOLLECTOR, PALAKONDA SUB-DIVISION, PARVATHIPURAM MANYAM DISTRICT, A.P. PINCODE. 532440

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THE TAHSILDAR, VEERAGHATTAM MANDAL, PARVATHIPURAM MANYAM DISTRICT, A.P. PINCODE. 532460

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THE DEPUTY TAHSILDAR CIVIL SUPPLIES, VEERAGHATTAM MANDAL, PARVATHIPURAM MANYAM DISTRICT, A.P.PINCODE. 532460

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THE INCHARGE F P SHOP DEALER, OF F.P SHOP NO 0101041, KUMMARIGUNTA VILLAGE, VEERAGHATTAM MANDAL, PARVATHIPURAM MANYAM DISTRICT. ORIGINAL DEALER OF F.P SHOP NO. 0101038 NEELANAGARAM VILLAGE, VEERAGHATTAM MANDAL PARVATHIPURAM MANYAM DISTRICT, A.P PINCODE.532462

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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 pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the proceedings in Rc.No.1074/2025 SA-A dated 23.06.2026 passed by the 4th respondent in Cancelling/Withdrawing the authorization of the petitioner for F.P Shop No.0101041, Kummarigunta Village, Veeraghattam Mandal, Parvathipuram Manyam District as illegal, arbitrary, unsustainable and contrary to the Control Order, 2018 and set aside the same and consequently direct the respondents to release the Essential Commodities to the petitioner for the F.P Shop No.0101041, Kummarigunta Village, Veeraghattam Mandal, Parvathipuram Manyam District by continuing the petitioner as F.P Shop Dealer and to pass

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IA NO: 1 OF 2026

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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 to direct the respondents to release the Essential Commodities to the petitioner for the F.P Shop No. 0101041, Kummarigunta Village, Veeraghattam Mandal, Parvathipuram Manyam District for distribution to the Cardholders by suspending the proceedings in Rc.No.1074/2025 SA-A dated 23.06.2026 passed by the 4^th respondent, pending disposal of the Writ Petition.

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Counsel for the Petitioner:

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1.TADDI SOWMYA NAIDU

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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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Heard Ms. Taddi Sowmya Naidu, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies, for the respondents 1 to 6. The notice in respect of the 7^th respondent is dispensed with since the 7^th respondent is only an in-charge dealer.

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Assailing the proceedings issued by the 4^th respondent vide Rc.No.1074/2025 SA-A dated 23.06.2026 (Ex.P1), withdrawing the authorisation in respect of F.P. Shop No.0101041, Kummarigunta Village, Veeraghattam Mandal, Parvathipuram Manyam District, the above writ petition was filed.

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The petitioner was appointed as the Temporary Fair Price Shop Dealer of F.P. Shop No.0101041, Kummarigunta Village, Veeraghattam Mandal, Parvathipuram Manyam District, on 01.06.2026. The Deputy Tahsildar, Civil Supplies, submitted an inspection report to the 4^th respondent. The 4^th respondent issued a show cause notice vide Rc.No.1074/2026 SA-A dated Nil.06.2026 (Ex.P2). The petitioner submitted an explanation dated 12.06.2026 (Ex.P3).

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Learned counsel for the petitioner would submit that, without considering the explanation, the impugned proceedings Ex.P1, were issued by the 4^th respondent.

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Learned Assistant Government Pleader for Civil Supplies would submit that, acting upon the inspection report and due to the variations in the commodities, the petitioner’s authorisation was withdrawn with immediate effect. He would further submit that the neighbouring dealer was entrusted with the responsibility of supplying the commodities to the cardholders.

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6. The point for consideration is:

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Whether the proceedings vide Rc.No.1074/2025 SA-A dated 23.06.2026 (Ex.P1) legally sustainable?

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A show cause notice was issued vide Ex.P2, and the petitioner submitted an explanation vide Ex.P3. No opportunity of hearing was afforded to the petitioner. As seen from Ex.P1, the authority relied upon the statements of some of the beneficiaries. The copies were not supplied to the petitioner. In the considered opinion of this Court, Ex.P1 suffers from a violation of the circular instructions vide CCS.Ref.No.PDS.II(1)/307/2025 dated 05.12.2025, as amended from time to time, and the order in W.A.No.122 of 2025.

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Given the facts and circumstances of the case, keeping the writ petition pending and inviting a counter may not serve any purpose. Accordingly, the writ petition is disposed of, at the stage of admission, with the consent of all the learned counsel, with the following directions:

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i) The proceedings vide Ex.P1 are hereby set aside.

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ii) The learned 4^th respondent shall furnish the report and other documents upon which reliance was placed to the petitioner.

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iii) The petitioner, if necessary, shall submit an additional explanation.

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iv) The 4^th respondent shall conduct a fresh inquiry by affording an opportunity of hearing to the petitioner and pass a reasoned order, keeping in view the circular instructions vide CCS.Ref.No.PDS.II(1)/307/2025 dated 05.12.2025, as amended from time to time, and the order in W.A.No.122 of 2025.

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v) The 4^th respondent shall restore the authorisation of the petitioner forthwith in respect of F.P. Shop No.0101041, Kummarigunta Village, Veeraghattam Mandal, Parvathipuram Manyam District immediately and allow the petitioner to distribute commodities to the cardholders.

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vi) There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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___________________________ JUSTICE SUBBA REDDY SATTI

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Date: 09.07.2026 SNI

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Whether the order is: