APHC010273832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17817 OF 2025 Between: Gudise Mukkanti, S/o Babu Rao, aged 37 years, R/o D.No.5-32, Patnam Malapalli, Amaravathi, Guntur District-522020. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Palnadu. 3. The Joint Collector, Palnadu District, Narsaraopet. 4. The Revenue Divisional Officer, Sattenapalli, Palnadu District. 5. The Tahsildar, Mandal Revenue Officer, Amaravati. 6. The Deputy Tahsildar, Civil Supplies, Pedakurapadu. ...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 impugned action of the Respondents particularly the 5tb Respondent, in issuing impugned proceedings Vide RC.No 630/2023 - DT dated 29.05.2023, as highly illegal, arbitrary and Violative of Article 14 and 16 of the Constitution of India apart from contrary to Andhra Pradesh State Targeted Public Distribution System (Control Order), 2018 and also contrary to the Judgment of this Hon’ble Court in G. Durga Srinivasa Rao Vs. State of Andhra Pradesh and others, as followed in W.P.No.17517 OF 2019, vide Order dt 05.12.2019, apart from violation of Principles of Natural Justice and consequently set aside the same. 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 to grant interim suspension of the impugned proceedings Rc.No.630/2023 DT dated 29.05.2023, on the file of 5th Respondent, consequently to allow the petitioners to operate Fair Price Shop, pending disposal of the above Writ Petition. Counsel for the Petitioner; SRI G V SHIVAJI Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010273832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17817/2025 Between: 1.GUDISE MUKKANTI, S/0 BABU RAO, AGED 37 YEARS, R/0 D.NO.5-32, PATNAM MALAPALLI, AMARAVATHI, GUNTUR DISTRICT-522020. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. SECRETARY, CIVIL SUPPLIES SECRETARIAT BUILDINGS, 2.THE DISTRICT COLLECTOR, PALNADU. 3.THE JOINT COLLECTOR, PALNADU DISTRICT, NARSARAOPET. 4.THE REVENUE DIVISIONAL OFFICER, SATTENAPALLI, PALNADU DISTRICT. 5.THE TAHSILDAR, MANDAL REVENUE OFFICER AMARAVATI. 6.THE DEPUTY TAHSILDAR, CIVIL SUPPLIES, 2 W.P.N0.178]^^ PEDAKURAPADU. ...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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned action of the Respondents particularly the 5th proceedings Vide RC.No 630/2023 - DT dated 29.05.2023, as highly illegal, arbitrary and Violative of Article 14 and 16 of the Constitution of India apart from contrary to Andhra Pradesh State Targeted Public Distribution System (Control Order), 2018 and also contrary to the Judgment of this Honble Court in G. Durga Srinivasa Rao Vs. State of Andhra Pradesh and others, as followed in W.P.No.17517 OF 2019, vide Order dt 05.12.2019, apart from violation of Principles of Natural consequently set aside the same and pass such lA NO: 1 OF 2025 Respondent, in issuing impugned Justice and 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 grant interim suspension of the impugned proceedings Rc.No.630/2023 DT dated 29.05.2023, on the file of 5th Respondent, consequently to allow the petitioners to operate Fair Price Shop, pending disposal of the above Writ Petition and pass such Counsel for the Petitioner: 1.G VSHIVAJI Counsel for the Respondent{S): 1.GP FOR CIVIL SUPPLIES 3 TCDSJ W.P.NO.17817OF 2025 The Court made the following ORDER: The present writ petition is filed questioning the order dated 29.05.2023 passed by the 4**^ respondent, whereunder the authorization of the petitioner was suspended pending disciplinary enquiry. It is the case of the petitioner that a show cause notice dated 12.05.2023 was issued based on a report dated 11.05.2023 submitted by the Deputy Tahsildar, Pedakurapadu. It is further case of the petitioner that an explanation was submitted to the said show cause notice and without considering the same, the impugned order cannot be passed. 2. On the other hand, the learned Assistant Government Pleader for Civil Supplies would submit that the petitioner has failed to distribute the stocks to the Card Holders properly which lead to shortage of 5878 kgs of rice and thereby committed a grave irregularity. He would further submit that, pursuant to the show cause notice, the petitioner did not submit any explanation, and therefore the impugned order was passed, and there is no illegality in the said order. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. Perused the material available on record. 3. 4. On perusal of the impugned order, it is clear that a show cause notice was issued to the petitioner alleging variation of stock maintained by the petitioner. Despite the issuance of the 4 W.P.NO.17,817?^ show cause notice, the petitioner did not submit any explanation. Apart from the same, nothing is placed on record to show that any explanation was offered by the petitioner. In absence of the same, the case of the petitioner that he has submitted an explanation cannot be believed. Further, the impugned order was passed on 12.05.2023. It is pertinent to note that, as per the clause 8(4)(ii) of Control Orders, 2018, the 4*'^ respondent has to complete the enquiry preferable within a period of ninety (90) days from the date of issuance of the show cause notice. 5. Admittedly, in the instant case, the disciplinary enquiry initiated against the petitioner is not completed till today. 6. During the course of hearing, the learned counsel for the petitioner submitted that after filing the present writ petition, the 4*'' respondent issued a notice dated 16.07.2025, directing the petitioner to submit his explanation within a period of seven (07) days. Having regard to the submission made by the learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies, this Court is not inclined to go into the merits of the case. Taking into consideration of the fact that, the 4*^ respondent issued a notice dated 16.07.2025 the present writ petition is disposed of, directing the 4**^ respondent to pass appropriate orders, within a period one (01) month from the date of receipt of a copy of this order. It is needless to mention that the 4^'^ respondent shall afford an opportunity of being heard to the petitioner before passing such order. 7. 5 TCDSJ W.P.N0.17817 0F2025 With the above directions, the present writ petition is disposed of. There shall be no order as to costs. 8. As a sequel, pending applications, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Palnadu. 3. The Joint Collector, Palnadu District, Narsaraopet. 4. The Revenue Divisional Officer, Sattenapalli, Palnadu District. 5. The Tahsildar, Mandal Revenue Officer, Amaravati. 6. The Deputy Tahsildar, Civil Supplies, Pedakurapadu. 7. One CC to Sri. G V Shivaji Advocate [OPUC] 8. TwoCCsto GP for Civil Supplies High Court of Andhra Pradesh [OUT] 9. Two CD Copies GSC 42 0^ HIGH COURT DATED:18/07/2025 0 k AUG 2n?5 Current Secuon ORDER WP NO. 17817 OF 2025 X m. Psl vT»r ‘-5 DISPOSING THE WP WITHOUT COSTS