APHC01021S552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) fo WEDNESDAY,THE SECOND DAY OF JULY K TWO THOUSAND AND TWENTY FIVE 1 A PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 15687 OF 2025 Between: T Swami Das, S/o. Pakkira @ John Christofer, aged about 61 years F.P. Shop Dealer vide Shop No. 1340005 Uyyalawada Mandal, Nandyal District, A.P., R.Papampalli Village, ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, 2. The District Collector, Nandyal District, Nandyal. 3. The Joint Collector, Civil Supplies Wing, Nandyal, Nandyal District, A.P. 4. The Revenue Divisional Officer, Nandyal, Nandyal District, A.P., 5. The Tahsildar, Uyyalawada Mandal, Nandyal District, A.P. ...Respondents 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in suspending the authorization of the petitioner vide shop No. 1340005 of R.Papampalli Village, Uyyalawada Mandal, Nandyal District in Proceedings Rc.No.CS.No.743/2024, Dated 14.11.2024 is illegal, arbitrary and violative of Articles 14, 19(1 )(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and principles of natural justice and consequently direct the respondents to continue the petitioner to hold F.P. shop Dealership of R.Papampalli Village, Uyyalawada Mandal, Nandyal District. 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 Fligh Court may be pleased to direct the respondents to continue the petitioner as F.P shop Dealer at R. Papampalli Village, Uyyala\A/ada Mandal, Nandyal District by suspending the impugned proceedings in Rc. No. CS No. 743 of 2024 dated 14.11.2024 issued by the 4^'^ respondent pending disposal of the Writ Petition. Counsel for the Petitioner: SRI D KASIM SAHEB Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010215552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 15687/2025 Between: 1.T SWAMI DAS, S/O.PAKKIRA @ JOHN CHRISTOFER, AGED ABOUT 61 YEARS, R.PAPAMPALLI VILLAGE DISTRICT, A.P., F.P. SHOP DEALER VIDE SHOP NO. 1340005, UYYALAWADA MANDAL, NANDYAL ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL CIVIL SUPPLIES DEPARTMENT, SECRETARIAT SECRETARY, BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, 2.THE DISTRICT COLLECTOR, NANDYAL DISTRICT, NANDYAL. 3.THE JOINT COLLECTOR, CIVIL SUPPLIES WING, NANDYAL NANDYAL DISTRICT, A.P., 4.THE REVENUE DIVISIONAL OFFICER, NANDYAL, NANDYAL DISTRICT, A.P., 5.THE TAHSILDAR, UYYALAWADAMANDAL, NANDYAL DISTRICT, A.P. ...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 topleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in 2 suspending the authorization of the petitioner vide shop No. 1340005 of R.Papampalli Village, Uyyalawada Mandal, Nandyal District in Proceedings Rc.No.CS.No.743/2024, Dated 14.11.2024 is illegal, arbitrary and violative of Articles 14, 19(1 )(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and principles of natural justice and consequently direct the respondents to continue the petitioner to hold F.P. shop Dealership of R.Papampalli Village, Uyyalawada Mandal, Nandyal District and pass 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 Counsel for the Petitioner: 1.D KASIM SAHEB Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER:- The present writ petition is filed questioning the order dated 14.11.2024 passed by the respondent No.4, where under the authorization of the petitioner’s fair price shop No. 1340005 of R.Papampalli Village, Uyyalawada Mandal, Nandyal District was suspended pending enquiry. It is the case of the petitioner that he was appointed as fair price 2. shop dealer of the said village and his authorization was extended from time to time and it was valid till 31.03.2025. It is further case of the petitioner that based on report dated 08.10.2024 submitted by the Deputy Tahsildar Allagadda, a show cause notice dated 30.10.2024 was issued to the petitioner calling for explanation, as to why his authorization shall not be cancelled alleging certain variations in the stock. It is the further case of the petitioner that he submitted explanation dated 11.11.2024, stating that the stock variations alleged by the authorities were stored in his residential house which is situated adjacent to the fair price shop. Upon considering the explanation offered by the petitioner, the respondent No.4 v/c/eimpugned order dated 14.11.2024 suspended the authorization pending enquiry. Questioning the said order, the present writ petition is filed. It is the specific case of the petitioner that the respondent No.4 3. while passing the impugned order did not take into consideration the explanation offered by the petitioner. Learned counsel for the petitioner would further submit that it is clearly stated in the impugned order that the period of suspension is only for 90 days. Despite completion of the period stipulated in 4 the impugned order, the respondent No.3 did not complete the enquiry as contemplated under the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018. On the other hand, learned Assistant Government Pleader for 4. Civil Supplies would submit that disciplinary proceedings could not be completed in view of administrative contingencies. He would further submit that the enquiry will be completed as expeditiously as possible. Heard learned counsel for the petitioner and learned Assistant 5. Government Pleader for Civil Supplies. Perused the material available on record. As per Clause 8(4)(ii) of the Andhra Pradesh State Targeted 6. Public Distribution System (Control) Order, 2018, the 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 month of February, 2025 itself. Apart from the same, on perusal of the impugned order, it is categorically stated that suspension is only for a period of 90 days. Therefore, by no stretch of imagination, the suspension order passed against the petitioner can't be continued beyond the said period. Further, the impugned order cannot be allowed to remain in force for a 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 X 5 in accordance with law. authorities from proceeding against the petitioner m There shall be no order as to costs, sequel, pending applications, if any, shall stand closed. / As a Sd/- M SRiNEVAS assistant REGISTRAR //TRUE COPY// N wr'rSCER To Supplies Department, State of Andhra Velagapudi, Amaravathi, Guntur 1. The Principal Secretary, Civil Pradesh, Secretariat Buildings, District, 2. The 3. The Joint Collector, 4. The Revenue 5. TheTahsildar, 6. One CC to Sri. D Kasim 7. TwoCCsto GP for Civil Supplies, District Collector, Nandyal District, Nandyal. Civil Supplies Wing, Nandyal, Nandyal District, A.P. Divisional Officer, Nandyal, Nandyal District, A.P., Uyyalawada Mandal, Nandyal District, A.P. Saheb Advocate [OPUC] High Court of Andhra Pradesh [OUT] 8. Three CD Copies gsc HIGH COURT DATED:02/07/2025 ORDER WP NO. 15687 OF 2025 ALLOWING THE WP WITHOUT COSTS