APHC010366292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18844 OF 2025 Between: Penugonda Sunanda, aged about 30 years, D/o. P. Sukanna, R/o. 1- 42, Mandapam Street, Owk, Kurnool District, 5185122 Andhra Pradesh ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Consumer Affairs, Food and Civil Supplies Secretariat, Secretariat Buildings, Amaravathi. 2. The District Collector, Collectorate, Nandyala, Nandyala District 3. The Revenue Divisional Officer, Dhone Revenue Division, Office of RDO, Owk, Nandyal District 4. The Tahsildhar, Owk Mandal, Office of the Tahsildhar, Owk, Nandyala District 5. The Village Revenue Officer, Owk Village, Owk Mandal, Division, Nandyala District (CS.I) Department Dhone ...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 or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd Respondent in issuing a notice dated 25.01.2025 bearing reference number R.C.No suspension D/CS/99/2025 in relation to alleged irregularities in my dealership f authorization of Fair Price Shop No 1347040 of Owk Village, Owk Mandal, Dhone Division, Nandyala District as patently illegal arbitrary and unconstitutional being violative of Articles 14, 19(g) and 21 of the Constitution of India and also violative of principles of natural justice and consequently set aside the suspension notice dated 25.01.2025 bearing reference number R.C.No.D/CS/99/2025 and pass such other order or orders as this Honble Court deems fit and proper in the facts and circumstances of the case. i (Prayer is amended as per the Court's Order dt.31.07.2025 in I.A.No.02 of 2025.) 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 Stay the Operation of the Suspension notice dated 25.01.2025 bearing reference number R.C.No.D/CS/ 99/2025, pending disposal of the writ petition, in the interest of justice. (Interim Prayer is amended as per the Court’s Order dt. 31.07.2025 in lA 2/2025) lA NO: 3 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 stay the operation of the suspension notice dated 25.01.2025 bearing reference number Rc.No.D/CS/ 99/2025 pending disposal of the writ petition, in the interest of justice. Counsel for the Petitioner: SRI VARUN BYREDDY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010366292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18844/2025 Between; 1.PENUGONDA SUNANDA,, AGED ABOUT 30 YEARS, D/0. P. SUKANNA, R/0. 1-42, MANDAPAM STREET, OWK, KURNOOL DISTRICT, ANDHRA PRADESH - 5185122 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES (CS.I) DEPARTMENT, SECRETARIAT, SECRETARIAT BUILDINGS, AMARAVATHI. 2.THE DISTRICT COLLECTOR, COLLECTORATE, NANDYALA, NANDYALA DISTRICT 3.THE REVENUE DIVISIONAL OFFICER, DHONE REVENUE DIVISION, OFFICE OF RDO, OWK, NANDYAL DISTRICT 4.THE TAHSILDHAR, OWK MANDAL, OFFICE OF THE TAHSILDHAR,OWK, NANDYALADISTRICT 5.THE VILLAGE REVENUE OFFICER, OWK VILLAGE, OWK MANDAL, DHONE DIVISION, NANDYALA DISTRICT ...RESPONDENT(S): 2 TCDSJ W.P.No.18844 oj2025 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 or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd Respondent in issuing a show-cause notice dated 25.01.2025 bearing R.C.No.D/CS/99/2025 in relation to alleged irregularities in my dealership authorisation of Fair Price Shop No. 1347040 of Owk Village, Owk Mandal, Dhone Division, Nandyala District as patently illegal, arbitrary and unconstitutional being violative of Articles 14, 19(g) and 21 of the Constitution of India and also violative of principles of natural justice and consequently set aside the show- cause notice dated 25.01.2025 bearing reference number R.C.No.D/CS/99/2025 reference number 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 pleased to suspend the operation of the show-cause notice dated 25.01.2025 bearing reference number R.C.No.D/CS/ 99/2025, pending disposal of the writ petition, in the interest of justice lA NO: 2 OF 2025 praying that in the 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 permit the Petitioner to amend a part of main prayer of the Writ Petition which read as “in issuing suspension notice dated 25.01.2025 bearing reference number Rc.No.D/CS/99/2025 25.01.2025 instead of “issuing a show-cause notice dated bearing reference number Rc.No.D/CS/99/2025”:and consequently set aside the suspension notice dated 25.01.2025 bearing reference number Rc.No.D/CS/99/2025: and pass iA NO: 3 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, [ 3 % TCDS,J W.P.No.18844 of 2025 the High Court may be pleased may be pleased to stay the operation of the suspension notice dated 25.01.2025 bearing reference number Rc.No.D/CS/ 99/2025 pending disposal of the writ petition, in the interest of justice and pass Counsel for the Petitioner: 1.VARUN BYREDDY Counsel for the Respondent{S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 4 TCDS.J W.P.No.18844 of 2025 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18844 of 2025 ORDER: The present writ petition is filed questioning the order dated 25.01.2025 passed by the 3^^ respondent whereunder the authorization of the petitioner is suspended pending enquiry. It is the case of the petitioner that based on the inspection 2 conducted by the 5‘^ respondent on 18.01.2025, the impugned order came to be passed. It is the contention of the counsel for the petitioner that alleged variation is within the permissible limits as provided for under clause 29(a) of Control Order, 2018 and prays to set aside the order. On the other hand, the learned Assistant Government Pleader 3. for Civil Supplies would submit that the excess stock available in the petitioner’s fair price shop is not within the permissible limits and based on the report submitted by the respondent/ Tahsildar, the impugned order came to be passed. He would further submit that though the impugned order was passed on 25.01.2025, till today the petitioner has not submitted any explanation. Having considered the submissions made by the learned counsel on either side, as per clause 8(4)(2) of control order, 2018, 4. 5 TCDS,J W.P.No.l8844of2025 the appointing authority shall complete the enquiry preferably within a period of 90 days. In the case on hand, the impugned order was passed on 25.01.2025 and till date the 3'^ respondent neither issued notice to the petitioner nor passed final order in the matter. As stated supra, the enquiry has to be completed preferably within 90 days from the date of filing charges. Admittedly, no enquiry is taken up for passing final order. In view of the same, the impugned order cannot be allowed to remain in force beyond the period of 90 days. Having regard to the submissions made by the learned counsel appearing for the parties, the order impugned is hereby set aside and the respondent is directed to complete the enquiry within a period of one month from the date of receipt of copy of the order. Further the petitioner is directed to submit explanation within a period of three weeks from today and thereafter the respondent shall intimate the date of hearing to all the parties and after affording opportunity of being heard, appropriate orders be passed as aforesaid. 5. an Accordingly, this writ petition is allowed. There shall be no 6. order as to costs. 6 TCDS,J W.P.No.l8844of2025 As a sequel, pending applications, if any, shall stand closed. r Sd/- KJ.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Consumer Affairs, Food and Civil Supplies (CS.I) Department, State of Andhra Pradesh, Secretariat, Secretariat Buildings, Amaravathi. 2. The District Collector, Collectorate, Nandyala, Nandyala District 3. The Revenue Divisional Officer, Dhone Revenue Division, Office of RDO, Owk, Nandyal District 4. The Tahsildhar, Owk Mandal, Office of the Tahsildhar, Owk, Nandyala District 5. The Village Revenue Officer, Owk Village, Owk Mandal Division, Nandyala District 6. One CC to Sri. Varun Byreddy Advocate [OPUC] 7. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] ^ 8. Two CD Copies Dhone gsc I HIGH COURT DATED;31/07/2025 ORDER WP NO. 18844 OF 2025 ALLOWING THE WP WITHOUT COSTS