r4 APHC010333062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No: 17055 OF 2025 Between: Smt. Doma Sambasiva Kumari, W/o.Naganjaneya Reddy, aged about 53 years, Occ; F.P-Shop Dealer, Shop No.0754016, Muthupalli Village, Nizampatnam Mandal, Bapatia District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Civil Supplies Department, Secretariat, Velagapudi, Amaravati, District. 2. The Collector, Bapatia District, Bapatia. 3. The Revenue Divisional Officer, Repalle, Bapatia District. 4. The Tahsildar, Nizampet Mandal, Bapatia District. Guntur ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of WRIT OF MANDAMUS, to declare the action of the 3^^^ respondent in issuing the impugned order bearing Procs. Rc.No.777/2024-C dt. 26-11-2024 keeping the petitioner's authorization 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. under suspension i 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 pass orders directing the 3"'^ respondent herein to continue the petitioner Fair Price Shop Dealer of Shop No. 0754016 of Muthupalli Village, Nizampaitnarn Mandal, Bapatia District, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI K.JOSEPH Counsel for the Respondents: ASST.GP FOR CIVIL SUPPLIES The Court made the following order: as m APHC010333062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY.THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17055/2025 Between: 1.SMT. DOMA SAMBASIVA KUMARI, W/0 NAGANJANEYA REDDY, AGED ABOUT 53 YEARS, OCC P.P-SHOP DEALER, SHOP NO. 0754016, MUTHUPALLl VILLAGE, NIZAMPATNAM MANDAL, BAPATIA DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, CIVIL SUPPLIES SECRETARIAT, VELAGAPUDI, PRINCIPAL DEPARTMENT, AHIARAVATI, GUNTUR DISTRICT. 2.THE COLLECTOR, BAPATIA DISTRICT, BAPATIA. 3.THE REVENUE DIVISIONAL OFFLCER, REPALLE, BAPATIA DISTRICT. BAPATIA 4. THE TAHSILDAR, NIZAMPET MANDAL, DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the l! ■ High Court may b© pleased tomay be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the natgre of Writ of Mandamus, to declare the action of the 3rd respondent in issuing the impugned order bearing Procs. Rc.No. 777/2024-C dt. 26-11-2024 keeping the petitioner's authorization 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 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. 0754016 of Muthupalli village, Nizampaitnarn Mandal, Bapatia District, pending disposal of the main Writ Petition, and to pass Counsel for the Petitioner: praying that in the 1.K JOSEPH Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.17055 OF 2025 ORDER: - 1. The present Writ Petition is filed questioning the order dated 26.11.2024, passed by the 3 whereunder the authorization of the petitioner Fair Price Shop No.0754016 of Muthupalli Village, Nizampatnam Mandal, Guntur District, was suspended pending enquiry. It is the case of the petitioner -that, she appointed as fair price shop dealer for the said village on permanent basis in the year 1993 by the 3"^ respondent. It is further stated that, the Deputy Tahsildar, Repalle along with others have inspected her fair price shop on 02.11.2024 and alleged certain variations in stock. Accordingly, a show cause notice dated 12.11.2024 was issued by the 3'^'^ respondent asking the petitioner to submit explanation as to why the authorization shall not be cancelled. The petitioner claims that she submitted explanation and without considering the same the impugned order was passed by temporarily suspending the authorization of the petitioner. Questioning the same, the present writ petition is filed. respondent 2. was 3. It is the specific case of the petitioner that at the time of inspection, the inspecting officials did not examine the MDU Operator, who drawn commodities from her Fair Price Shop. IP I ^ Further, despite passing the order of the suspension on 26.11.2024 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 case on hand the suspension order was passed in the month of November, 2024 and till today no notice was issued to the petitioner. On the other hand, learned Assistant Government Pleader for 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. 4. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 5. 6. Perused the material available on record. 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, preferablywithin 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. Therefore, by no stretch of imagination, the suspension order passed against the petitioner cannot be continued beyond the said period. Further, 7. \ the impugned order cannot be allowed to remain in force for a prolonged period. In view of the same, the impugned order dated 26.11.2024 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. 8. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- Wl. SRINIVAS ASSISTANT REGiSJRAR //TRUE COPY// N OFFICER S To, 1. The Principal Secretary, Civil Supplies Department, State of Andhra 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, Bapatla District. 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. gi r V' HIGH COURT DATED: 14/07/2025 ORDER WP No.17055 OF 2025 8=- OY. 2 h JUL 2025 X ml; O ^ . Current Section iry ALLOWING THE WRIT PETITION WITHOUT COSTS