High Court · 2025

.,.RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or Direction, more particurarry one in the nature of Writ of Mandamus, declaring the Impugned Order of the 4th respondent in proceedings No.c/590/2025 , dt.zg.05.2025 whereby suspending the authorization of the petitioner herd for F.p.shop No.350502g of rhimmapur, Khanapur Town and Mandar, Nirmar District and the consequentiar proceedings of the 5th respondent vide proceeding No.Bl42st2o25, dt.2g.os.2025 where under entrusting the additionar charge to the third party as iilegar, arbitrary, unconstitutionar and contrary to the provisions of r.s. pDS (contror) order, 2016 and in violation of Articre 14,21 and 300-4 of constitution of India and consequentry set aside the Impugned order of the 4th respondent in proceeding Nos.C/590/2025, d1:.2t] 05.2025 and the consequential Proceecinl:rs of the Sth Respondent vide l)ro:eeding No.Bl425l2O25, dt.29.05.2025 arfi kr allow the petitioner to functio-r as F.P. Shop dealer in the interest of justice lA NO: 1 OF 2025 Petition unde ,r Siection 1 51 CPC praying that in the circurrslances stated in the affidavit filed in s upport of the petition, the High Court may t:e pleased to Suspend the Ope rat rrn of the Order passed by the 4th re,soondent in Proceedings No.C/l;90/2025, dt.2\.Os.2025 and to allow the petitiorrer to run the F.P.Shop No. 350i02'ti of Thimmapur, Khanapur Town and \4andal, Nirmal District, pending dispo:;;ll of the above writ petition. lA NO: 2 OF 2025 Petition unde r Se ,ction 151 CPC praying that in the circunrstrrnces stated in the affidavit filed in support of the petition, the High Court ma,/ be pleased to direct the ResponrJent Nos.2 to 5 to supply the stocks to ther petitioner's F.P.Shop No. 3501i02t of Thimmapur, Khanapur Town and tv4a,rclal, Nirmal District, by suspend ing .he operation of the Order passed by the Str respondent in Proceedings Nor. B/4 2512025, d1.29.05.2025, pending disposzrl of the above writ petition. Counsel for the Petitioner: SRI C.HARI PREETH Counsel forthe Respondent No.1 to 3: SRI G.NAGARAJU, AGP FOR CIVIL SUPPLIES; Counsel forthe Respondent No.4 & 5: SRI L.RAVINDER, AGp FOR REVENUE The Court made the follrwing: ORDER I THE HON'BLE SMT WSTICE K.SUJANA WRIT PETITION No.15497 of 2025 ORDER: The writ petition is hled by the petitioner seeking rhe following relief: " .. . . . .to issue an opproprtate Writ, Order or Directron more particularLg one in the nature of Writ oJ Mand.a/muq declaring the Impugned Order of tle 4th respondent in proceed.ings No.C/ 59O/ 2025 dt.28.O5.2O25 uLrcrebg suspending the authorization of ttle petitioner held for F-P-Shop No.35O5028 of Thimmopur, Khanapur Toutn and Mandal, Nirrnal District qnd the consequential proceedings of the Sth respondent uide Proceeding No.B/425/2O25 dt.29.O5.2O25 ruhere under entrusting the additionol ctnrge to the third partg a.s illegal arbitrary, unconstitutional and contrary to the prouisions of T-S-PDS(Control) Order, 2O16 and. in uiolation of Arttcle 14, 21 & 300 A of Con-stitution of lru7ia and consequentlg set a^side the Impugned Order of ttrc 4th respondent in Proceeding Nos.C/ 590/ 2025 dt-28-O5.2O25 and the con-sequential Proceedings of the Sth Respondent uide Proceeding No.B/425/2O25, dt.29.O5.2O25 and to oflou.t th-e 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 Assistalt Government Pleader for Civil Supplies, appearing for respondents No. 1 to 3; and Mr. L. Ravinder, learned Assistant Government Pleader foi 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 2O09 for Shop No.28, (New No.3505O28), situated at Thimmapur, Khanapur Town and Mandal, Nirmal District, uide authorization No.35/KNR/2OO9. Since then, the petitioner had been supplying the Essential 2 -l i5,J ,P No 1j197 { 202j ,l Commoditie:' l(' the satisfaction of the carcl hol'lers' without any adverse retr arks' While so' show cause notice dzrt:d 2A 05 '2025 was issuecl 1o the petitioner calling upon her to submit :xtllanation as to why her .iutlorization to run the subject fair price slro| should not Subsequently' respondent No 4 - tller Revenue be cancellt d Divisional ()ffic'rr, Nirmal, without giving any opportuoitr of hearing to the pelrt:on:: issued impugned proceedings No'C/590/12025 dated 2a.O5.2O25 ' suspending her license on the ground that she is not residing in Nrrraal Village and the subject fair price shop is being run by third [arti]s The action of respondent No'4 in isluing the impugned p-oceedings dated 28 'O5 '2025 withortt giving any opportunitr 1r submit explanation to the show cause notice dated 28.O5.2O2:; ard opportunity of hearing to the petiticner is arbitrary and unjus., as such, she is constrained to approach this Court' On th : other hand' learned Assistant Governrne er- Pieader for 4. Civil Supglier; submitted that the petitioner herein is n<:t running the subject f ar- price shop and it is managed b1 l-h'ird parties' The petitiln':rl also shifted the subject fair price shop from the said premises to another location without obtaining an" valid permission from the (l(rrrcerned authorities As the petitioner r;trbmitted her explanati;tr 1o the show cause notice dated 28'Cr5'2025' the same shal1 be c is;'osed of, in accordance with law' sKt-/ LYP No 15497 of2025

5. Considering the submissions made by the learned counsel for the petiLioner 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

24.05.2025 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/S9O/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. I Sd/. P. PADMANABHA REDDY EPUTY REGISTRAR //TRUE COPY// To, 1 . The Principal Secretary, Food and Consumer Affai Hyderabad, State of Telangana. SECTION OFFICER Department, Secretariat,

2. The District Collector (C.S), Nirmal, Nirmal District. 3. The District Civil Supplies Officer, Nirmal District. 4. The Revenue Divisional Officer, Nirmal Revenue Division Nirmal, Nirmal District

5. The Tahsildar, Khanapur Mandal, Nirmal District. 6. One CC to SRI C.HARI PREETH, Advocate [OPUCI 7. Two CCs to GP for CIVIL SUPPLIES, High Court for the State of Telangana at Hyderabad [OUT]

8. Two CCs to GP for REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

9. Two CD Copies BSR MP h/ vACATIO NC URT o HIGH COURT DATED:0410(;12'02s ORDER WP.No.15497 of 2025 ----a: :.l: 'rHr : ;;t noY e J- 05.Uil AE s I DISPOSING OF THE WRIT PETITION' WITHOUT CCISTS /3 I / , /