APHC010318972025 IN THE HIGH COURT OF ANDHRA AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR W^RIT PETITION NO- np oqo^ PRADESH Jk <ir Between: Moka Venkateswara Rao, S/o. Ramulu, aged about 43 Dealer Shop No. 0754034, Kothapdienri District years, Occ; F.P.Shop village, Nizampet Mandal, Bapatia ...PETITIONER AND T The State of Andhra Pradesh, Supplies Department District. 2. The Collector, Bapatia District, 3. The Revenue Divisional Officer 4. The Tahsildar, Nizampet Mandal, rep. by its Principal Secretary, Civil Secretariat, Velagapudi, Amaravati, Guntur Bapatia. Repalle, Bapatia District. Bapatia District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, pleased to issue the High Court may be an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the 2 bearing Procs. Rc.No.331/2024-A2 nd respondent in issuing the impugned order dt. 29-10-2024 issued by the 3 respondent herein keeping the authorization suspension temporarily and continuing the F.P. shop of the petitioner under dealership under suspension beyond 90 days, as being illegal, arbitrary and unjust and consequently set aside the same and restore the dealership, and to grant such other relief or reliefs as this Hon’ble Court deems fit and ,the circumstances of the case. lA NO: 1 OF 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 pass orders directing the 3'“ respondent herein to continue the Fair Price Shop Dealer of Shop f Nizampatnam Mandal, Bapatia District Petition. Counsel for the Petitioner: SRI K. JOSEPH Counsel for the Respondent Nos.1 The Court made the following order: proper in petitioner as No.0754034 of Kothapalem village. pending disposal of the main Writ to 4: GP FOR CIVIL SUPPLIES APHC010318972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 16214/2025 Between: 1.MOKA VENKATESWARA RAO, S/0 RAMULU, AGED ABOUT 43 YEARS, OCC F.P.SHOP DEALER SHOP NO. 0754034, KOTHAPDLENRI VILLAGE, MANDAL, BAPATLA DISTRICT NIZAMPET ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, CIVIL SUPPLIES SECRETARIAT, VELAGAPUDI, PRINCIPAL DEPARTMENT, AMARAVATI, GUNTUR DISTRICT. 2.THE COLLECTOR, BAPATLA DISTRICT, BAPATLA. 3.THE REVENUE DIVISIONAL OFFICER, REPALLE, BAPATLA DISTRICT. 4. THE TAHSILDAR, NIZAMPET MANDAL, BAPATLA DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed 2 H therewith, the High Court may be pleased tomay be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the 2nd Procs. Rc.No. 331/2024-A2 dt. 29-10-2024 issued by the 3rd respondent herein keeping the authorization of the petitioner under suspension temporarily and continuing the F.P. shop dealership under suspension beyond 90 days, as being illegal, arbitrary and unjust and consequently set aside the same and restore the dealership, and to grant such lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to pass orders directing the 3rd respondent herein to continue the petitioner as Fair Price Shop Dealer of Shop No. 0754034 of Kothapalem village, N(zampatnam Mandal, Bapatia District, pending disposal of the main Writ Petition, and to pass such Counsel for the Petitioner: i respondent in issuing the impugned order bearing praying that in the 1.K JOSEPH Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES 3 The Court made the following order: The present writ petition is filed questioning order dated 29.10.2024, passed by the 3"^ respondent, whereunder the authorization of the petitioners fair price shop No.0754034 of Kothapatnam Village, Nizampatnam Mandal, Bapatia District, was suspended pending enquiry. It is the case of the petitioner that, he was appointed as fair price shop dealer for the said village and his authorization extended from time to time. It is further stated that, at the instance of local political leaders, the respondent authorities pressurized the petitioner to resign from the dealership of his fair price shop. When the petitioner did not succumb to their pressure, an inspection was conducted on 19.09.2024 and alleged certain variations in stock. Thereafter, a show-cause notice dated 21.10.2024, was issued to the petitioner calling for explanation as to why his authorization shall not be cancelled. The petitioner submits that, he submitted explanation dated 24.10.2024, denying the said allegations by stating that he receiving shortage of stock from MLS point every month without weighing the same. Upon considering the explanation of the petitioner the 3'^'^ respondent vide impugned order dated 2. was was '■\ . 29.10.2024, suspended the pending enquiry. Questioning the petition is filed. authorization of the petitioner said order, the present writ 3. It is the specific case of the petitioner that, the 4*'^ respondent while passing the impugned order did not take into consideration the explanation offered by the counsel for the petitioner would further submit stated in the impugned order that the petitioner. Learned that, it is clearly period of suspension is of the period only for ninety (90) days. Despite completion stipulated in the impugned order, the 3'“ respondent did not complete the enquiry as contemplated under the Andhra State Targeted Public Distribution System (Control) Order 4. On the other hand, learned Assistant Government for Civil Supplies would submit that Pradesh 2018. Pleader disciplinary proceedings view of administrative contingencies, enquiry will be completed could not be completed in He would further submit that, the expeditiously as possible. Heard learned counsel for the Assistant Government Pleader for Civil Supplies Perused the material available as 5. petitioner and learned 6. on record. 5 7. As per Clause 8(4)(ii) of the Andhra Pradesh State Targeted 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 January, 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 impugned order cannot be allowed to remain in force for a prolonged period. 8. 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. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, Principal Secretary, Civil Supplies Department, State of Andhra 1. The Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District 2. The Collector, Bapatia District, Bapatla. 3. The Revenue Divisional Officer, Repalle, Bapatla District. 4. The Tahsildar, Nizampet Mandal, Bapatia Uistrici. 5. One CC to Sri K. Joseph, Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. ssb "I HIGH COURT DATED;07/07/2025 ORDER WP No.16214 OF 2025 i? 16 JUL 2025 X o ^ . Current Section . ALLOWING THE W.P. WITHOUT COSTS