1 TCDS,J W.P.No.18338 of 2025 APHC010356682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18338/2025 Between: 1. PINAPALA VENKATA RAO, , S/O.JANARDHANA RAO, AGED 76 YEARS, F.P. SHOP DEALER, SHOP NO 0883003, KANDUKURTOWN AND MANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES, SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE COLLECTOR AND DISTRICT MAGISTRATE, SPSR NELLORE DISTRICT, NELLORE 3. THE COLLECTORCS, SPSR NLLORE DISTRICT, 4. THE SUB COLLECTOR, , KANDUKUR, SPSR NELLORE DISTRICT 5. THE CIVIL SUPPLIES DEPUTY TAHSILDAR, KANDUKUR 6. THE TAHSILDAR, , KANDUKUR MANDAL, SPSR NELLORE DISTRICT ...RESPONDENT(S): 2 TCDS,J W.P.No.18338 of 2025 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 order, direction or Writ more particularly one in the nature of the Writ of Mandamus, to declaring the in action of 4TH respondent-Sub Collector, Kandukur, who has not conclude disciplinary proceedings even though 90 days is completed, is wholly illegal, arbitrary and opposed to the spirit of Judgments of this Hon'ble High Court in Joint Collector, Kurnool Vs. A.Neelima (Division Bench), 1996 Law Suit (AP) 956 and also against the mandatory provision of Cl.8(4)(2) of A.P. State Targeted Public Distribution System (Control) Order, 2018 and also violate of principals of natural justice and without jurisdiction and directed the respondents to restore the authorization of petitioner and consequently to direct the respondents to continue the petitioner as FP Shop dealer. Shop F.P. Shop No0883003, Kandukur Town and Mandal, SPSR Nellore District, and pass IA 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 direct the Sub Collector, Kandukur, SPSR Nellore District/4TH Respondent to allot Essential Commodities to the petitioner's F.P. Shop, Shop No:0883003, Kandukur Town, SPSR Nellore District, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. Alapati Vivekananda Counsel for the Respondent(S): 1. Alapati Vivekananda Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 TCDS,J W.P.No.18338 of 2025 The Court made the following order: The present writ petition is filed questioning order dated 22.09.2023, passed by the 4th respondent, whereunder the authorization of the petitioner’s fair price shop No.0883003 of Kondukur Town and Mandal, was suspended pending enquiry. 2. It is the case of the petitioner that he was appointed as the fair price shop dealer for the said village and has been distributing commodities to cardholders without any complaint from anybody. It is further stated that, on 01.09.2023, the Civil Supplies Deputy Tahsildar, Kandukur inspected the petitioner’s fair price shop and sent a report dated 04.09.2023 to the 4th respondent. Basing on the said report, the 4th respondent, vide impugned order dated 22.09.2023, suspended the authorization of the petitioner pending enquiry. Thereafter, the 4th respondent issued a show-cause notice on 23.09.2023, framing charges against the petitioner calling for an explanation. To which, the petitioner submitted an explanation on 03.10.2023 denying the charges. 3. The learned counsel for the petitioner would submit that the impugned order cannot be allowed to remain in force for a prolonged period. He would further submit that, as per Clause 8(4)(ii) of Control Orders, 2018, the appointing authority shall dispose the 4 TCDS,J W.P.No.18338 of 2025 disciplinary case as earlier as possible, preferably within a period of three (3) months from the date of filing. Despite completion of the period stipulated, the 4th respondent did not complete the enquiry as contemplated under the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018. 4. 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 and no final orders are passed in the matter so far. He requested the Court to pass appropriate orders directing the appointing authority to pass final orders in the matter. 5. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 6. Perused the material available on record. 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, 2024, itself. Therefore, by no stretch of imagination, the suspension order passed against the 5 TCDS,J W.P.No.18338 of 2025 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 dated 22.09.2023 passed by the 4th respondent 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. _____________________ JUSTICE T.C.D.SEKHAR Dt.22.07.2025 KGR