K. Alluramma W/o Late Chinna Aadaiyya v. State of Andhra Pradesh
2025-08-05
V.SUJATHA
body2025
DigiLaw.ai
ORDER : 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “.....to issue a appropriate Writ Order or direction more particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the proceedings of the Respondent No.3 issued vide proceeding in Rc.C/75/2025 dated 25.07.2025, suspending the authorisation in respect of FP Shop No.0809024, Goguladinne Village, Markapur Mandal, Markapur Division, Prakasam District as illegal and contrary to A.P. State Targeted Public Distribution System (Control) order 2018 apart from violation of Principles of Natural Justice consequentially set aside the proceedings of the Respondent No.3 in Rc.C/75/2025 dated 25.07.2025 and further direct the Respondents to continue the petitioner as F.P. Shop Dealer......” 2. The petitioner was appointed as the dealer of Fair Price Shop No.0809024, Goguladinne Village, Markapur Mandal, Markapur Division, Prakasam District on compassionate grounds in year 2017. Thereafter, the said authorization has been extended from time to time. 3. While the matter being so, due to the influence of some local political leaders, the 5th respondent inspected the petitioner’s Fair Price Shop on 11.01.2025 and submitted a report to the 3rd respondent as if the inspection was conducted on 23.01.2025 and reported certain variations. Basing on the report submitted by the 5th respondent, a show-cause was issued to the petitioner on 10.02.2025, calling for an explanation within seven (7) days. The petitioner submitted his explanation on 14.02.2025, wherein it was specifically stated that the closing balance should be 2621 kgs, which is 52 bags 21 kgs of rice, and while the inspection was going on, the 5th respondent hurriedly counted the rice bags without weighing the loose rice and concluded that only 47 bags of rice were found during the course of inspection in the petitioner’s Fair Price Shop. Accordingly, a panchanama was also conducted on 23.01.2025. 4. As the petitioner was placed under suspension vide proceedings dated 24.02.2025 without even considering her explanation, the petitioner was constrained to file W.P.No.6652 of 2025 and the said writ petition was allowed on 21.03.2025, setting aside the proceedings dated 24.02.2025. Thereafter, the 3rd respondent issued proceedings dated 06.06.2025 revoking the suspension order passed against the petitioner. However, in spite of the same, as respondents No.4 and 5 did not enforce the said order, the petitioner was again constrained to file W.P.No.16055 of 2025.
Thereafter, the 3rd respondent issued proceedings dated 06.06.2025 revoking the suspension order passed against the petitioner. However, in spite of the same, as respondents No.4 and 5 did not enforce the said order, the petitioner was again constrained to file W.P.No.16055 of 2025. Pending the said writ petition, the learned Assistant Government Pleader for Civil Supplies has submitted that the order dated 06.06.2025 passed by the 3rd respondent had been implemented and that essential commodities were also supplied to the petitioner on 30.06.2025. Recording the same, the W.P.No.16055 of 2025 was closed. 5. However, the grievance of the petitioner in the present writ petition is that, thereafter, the 3rd respondent has passed the impugned proceedings dated 25.07.2025, again placing the petitioner under suspension without there being any show-cause notice or calling for an explanation from the petitioner, but only basing on the earlier report of the 5th respondent. Challenging the same, the present petition has been filed. 6. Heard learned counsel for the petitioner as well as learned Assistant Government Pleader for Civil Supplies. 7. On perusal of the impugned proceedings dated 25.07.2025, it can be observed that the said proceedings have been passed basing on the show-cause notice dated 10.02.2025, which was in fact challenged in W.P.No.6652 of 2025 before this Court and in spite of the same, the 3rd respondent has suspended the petitioner’s authorization basing on the same show-cause notice which was issued way back in the month of February, 2025. As such, it can be stated that the said impugned proceedings have been passed even without there being any show-cause notice calling for an explanation from the petitioner. 8. Today, the learned Assistant Government Pleader for Civil Supplies has furnished a copy of instructions of the Sub-Collector, Markapur, dated 04.08.2025, reiterating the facts with regard to the issuance of the show-cause notice on 10.02.2025, which was, in fact, set-aside by this Court. This fact clearly establishes that, without issuing any show-cause notice, the present impugned suspension orders have been passed. 9. In view of the same, the impugned proceedings dated 25.07.2025 are set aside, and the respondents are directed to supply the essential commodities to the petitioner’s Fair Price Shop. However, the respondents are not precluded for initiating disciplinary proceedings if any irregularities have been committed by the petitioner, in accordance with law. 10. Accordingly, the Writ Petition is allowed.
9. In view of the same, the impugned proceedings dated 25.07.2025 are set aside, and the respondents are directed to supply the essential commodities to the petitioner’s Fair Price Shop. However, the respondents are not precluded for initiating disciplinary proceedings if any irregularities have been committed by the petitioner, in accordance with law. 10. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed.