Lisa Gill, CJ.
1. This appeal has been filed challenging interim order dated 22.05.2026, passed in W.P.No.14733 of 2026 by learned Single Bench.
2. Respondent No.1/ writ petitioner filed W.P.No.14733 of 2026, challenging suspension of his authorization in respect of Fair Price Shop No.1337037, vide order dated 31.03.2026, issued by Revenue Divisional Officer, Nandyal Division, on the premise that said order has been issued in violation of principles of natural justice, inasmuch as no opportunity of hearing was afforded to petitioner before taking said action besides order being vitiated on account of non-application of mind.
3. Learned Single Bench, while considering application for interim relief, suspended operation of order dated 31.03.2026 and directed official respondents to allow writ petitioner to distribute commodities through Fair Price Shop in question. Aggrieved therefrom, present appeal has been filed by appellant, who had been appointed as a temporary Fair Price Shop dealer for the shop in question, vide order dated 24.04.2026.
4. Learned counsel for appellant vehemently argues that despite writ petitioner having knowledge of interim arrangement made in April, he did not implead present appellant in writ petition filed on 20.05.2026. Learned Single Bench, it is submitted, duly noted the factum of appellant being appointed as a temporary Fair Price Shop dealer by way of an alternate arrangement. This fact was brought to notice of learned Single Bench by learned Assistant Government Pleader and is also recorded in impugned order dated 22.05.2026. It is further submitted that by way of impugned interim order, writ petition filed by respondent No.1 herein has in fact been allowed.
5. Learned counsel for appellant further submits that in terms of clause 8 of the Andhra Pradesh State Targeted Public Distribution System (Control Order) 2018, the appointing authority may at any time in public interest or suo moto or on receipt of complaint after making an enquiry suspend the authorisation issued. There is no specific requirement of issuance of notice at the time of suspension. It is provided in clause 8 (7) that it is before passing final orders under clause 8 (7) (a) that an opportunity of
hearing shall be provided. These aspects, it is submitted, have not been considered by learned Single Bench. Moreover, it was not considered by learned Single Bench that present appellant had been carrying on the work as a temporary Fair Price Shop dealer since April 2026. It is thus prayed that this appeal be allowed.
6. Learned counsel for respondent No.1/ writ petitioner while refuting the arguments as above, supports impugned order dated 22.05.2026 and seeks dismissal of writ appeal.
7. We have heard learned counsel for parties and have perused the file with their able assistance.
8. We take note of the fact that learned Single Bench has duly noted appointment of present appellant as a temporary Fair Price Shop dealer as under:
“It is brought to the notice of this Court by the learned Assistant Government Pleader that alternative arrangements are made. This Court feels that the order which is now impugned cannot stand even for a limited cause in view of the ratio laid down by the Hon’ble Supreme Court that the charges which are framed against the petitioner needs to be addressed considering the explanation in toto.
With regard to the other contention that the alternative arrangements were made on 24.04.2026, appointing one Hemalatha, it is needless to state that when the very initial order passed by the authorities is wrong, the subsequent orders will automatically become invalid.”
9. In this view of the matter, in our considered opinion, it would have been appropriate to implead present appellant as party to writ petition and afford an opportunity of hearing before passing any order, as it is apparent that interest of appellant was directly affected, even though prima facie, she may not have a vested right as such, having been appointed only by way of a temporary arrangement.
10. Keeping in view facts and circumstances as above, impugned order dated 22.05.2026 is set aside and matter re: interim relief be placed before learned Single Bench on 05.08.2026 when the writ petition is stated to be listed. Present appellant is directed to be impleaded as respondent No.5 in Writ Petition No.14733 of 2026. Learned Single Bench is requested to hear the matter re: interim relief, afresh after affording an opportunity of hearing to all parties, including appellant herein and decide the same as expeditiously as possible. Till then status quo as on today be maintained. Writ appeal is accordingly disposed of.
No costs. Pending miscellaneous application(s), if any, also stand(s) disposed of.
