APHC010171002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) !.* FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 8985 OF 2025 Between: Yaparla Chandra Sekhar Reddy, S/o Y.Thimma Reddy, age about 57 years, Occ F.P.Shop Dealer, R/o Nakkavagulapalli Village, Dhone Mandal, Nandyal Distri ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The Joint Collector, Nandyal District at Nandyal. 3. The Revenue Divisional Officer, Dhone, Nandyal District. 4. The Tahsildar, Dhone Mandal at Dhone, Nandyal District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit fited therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent M 1 suspending the petitioner’s Rc.No.CS15/2025, dated 06-01-2025, the petitioner, as illegal, arbitrary consequently set aside the impugned dated 06-01- 2025 issued by the 3 \AMQi±OF2025 in authorisation vide without issuing notice his proceedings or opportunity tc 2018 ano proceedings vide Rc.No.CS15/2025 and violation of Control Orders 1 rd respondent. Petition under Section 151 CPC in the affidavit filed in support of the petition praying that in the circumstances stated the High Court may be pleased to Rc.No.CS 15/2025, dated 06-01- respondent, pending disposal of the above suspend the impugned proceedings vide 2025 issued by the 3rd writ petition. Counsel for the Petitioner : SRI U RAMANJANEYULU Counsel for the Respondent Nos.1 to 4 : GP FOR CIVIL SUPPLIES The Court made the following ORDER : APHC010171002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 8985/2025 Between: 1.YAPARLA CHANDRA SEKHAR REDDY, S/0 Y.THIMMA ■ REDDY, AGE ABOUT 57 YEARS, OCC F.P.SHOP DEALER, R/0 NAKKAVAGULAPALLI VILLAGE, DHONE MANDAL, NANDYAL DISTRI ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, CIVIL SUPPLIES SECRETARIAT » BUILDINGS, PRINCIPAL DEPARTMENT, VELAGAPUDI, AMARAVATHI. 2.THE JOINT COLLECTOR, NANDYAL DISTRICT AT NANDYAL. 3.THE REVENUE DIVISIONAL OFFICER, DHONE, • NANDYAL DISTRICT. 4. THE TAHSILDAR, DHONE MANDAL AT DHONE, NANDYAL DISTRICT. ...RESPONDENT(S): 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 tomay be pleased appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in suspending the petitoiner's authorisation vide his proceedings Rc.No.CS15/2025, dated 06-01-2025, without issuing notice or opportunity to the petitioner, as illegal, arbitrary and violation of Control Orders, 2018 and I V to issue an consequently set aside the impugned proceedings vide Rc.No.CS15/2025, dated 06-01- 2025 issued by the 3rd respondent and to pass such lA NO: 1 OF 2025 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 may be pleased to suspend the impugned proceedings vide dated 06-01-2025 issued by the 3rd disposal of the above writ petition and to Rc.No.CS 15/2025, respondent, pending pass such Counsel for the Petitioner: 1.U RAMANdANEYULU Counsel for the Respondent{S): 1.GP FOR CIVIL SUPPLIES The Court made the following: ORDER:- The present writ petition is filed questioning order dated 06.01.2025, passed by the 3'^^ respondent, where under the authorization of the petitioner Fair Price Shop No. 1349053 of 1. Nakkavagulapalli Village, Dhone Mandal, Nandyal District. It is the case of the petitioner that, he was appointed as fair price shop dealer for the said village on permanent basis by pfoceedings dated 21.10.2005 issued by the respondent. It is further stated that, the 4*'^ respondent subordinates inspected his fair price shop and alleged certain variations in stock and accordingly after drawing panchanama a report dated 03.01.2025 was sent to the 3'^'^ respondent to take disciplinary action against 2. the petitioner. It is further case of the petitioner that variation of 3. stock mentioned in the report is within the permissible limits as per clause 29 (a) of Control Orders, 2018. Further, it is the case of the petitioner that based on the said report, the authorization of the petitioner was suspended by impugned order dated 06.01.2025 pending enquiry. Questioning the said order, the present writ petition is filed. 4. It is the specific case of the petitioner that, no notice was issued to him before passing the impugned order. Further, despite passing the order of the suspension on 06.01.2025 till today no notice was issued to the petitioner calling for explanation to complete the disciplinary action as per clause 8(4) of Control Orders, 2018. The counsel for the petitioner would further submit that as per the said clause the enquiry has to be completed within a period of 90 days. He would further submit that in the hand the suspension order was passed in the month of January and till today no notice was issued to the petitioner. i case on On the other hand, learned Assistant Government Pleader for Civil Supplies would submit that disciplinary proceedings could not be completed in view of administrative 4 contingencies. He would further submit that, the enquiry will be completed as expeditiously as possible. 5. 6. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 7. Perused the material available on record. 8. As per Clause 8(4)(ii) of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, the r appointing authority shall dispose of the disciplinary proceedings against the fair price dealer as early as possible, preferably within a period of three (03) months from the date of filing. Admittedly, in the case on hand, the period stipulated under the said clause was completed in the first week of April, 2025, itself. Therefore, by no stretch of imagination, the suspension order passed against the petitioner can't be continued beyond the said period. Further, the cannot be allowed to remain' in force for a impugned order prolonged period. in view of the same, the impugned order is set aside and .accordingly, the Writ Petition is allowed. This order will not preclude the authorities from proceeding against the petitioner in accordance with law. 9. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, of Andhra Pradesh, Civil Supplies 1.The Principal Secretary, State Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The Joint Collector, Nandyal District at Nandyal. 3. The Revenue Divisional Officer, Dhone, Nandyal District. 4. The Tahsildar, Dhone Mandal at Dhone Nandyal District. 5. One CC to Sri U. Ramanjaneyulu, Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 7. Three CD Copies Ssb k/j HIGH COURT DATED:11/07/2025 ORDER WP No. 8985 OF 2025 ^ 2 9 JUL 2025 i ^JS4iyiTentSectio|iX^^ Co ALLOWING THE WP WITHOUT COSTS