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2025 DAILYLAW 26632 (AP)

SATHIGARI JAYA PRASAD REDDY v. THE STATE OF AP

WP/19265/2025 · 2025-07-30

T C D Sekhar

body2025

Judgment text

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APHC010376242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY' TWO THOUSAND AND TWENTY FIVE Y , PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No: 19265 OF 2025 Between: Sathigari Jaya Prasad Reddy, S/o. S.Rama Govinda Reddy, aged about 45 Years, F.P.Shop Dealer vide Shop No.1340022, Uyyalawada(M), R.Jambuladinne Village, Nandyal District, A.P. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Coilector(Civil Supplies), Nandyal District, Nandyal, A.P. 3. The Revenue Divisional Officer, Nandyal, Nandyal District, A.P. 4. The Tahsildar, Uyyalawada Mandal, Nandyal District, A.P. 5. The Deputy Tahsildar (CS), Allagadda Mandal, Nandyal District, A.P. ...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 action of the 3'"' respondent in suspending the authorization of the petitioner vide shop No. 1340022 of R.Jambuladinne Village, Uyyalawada Mandal, Proceedings Rc.No.CS.978/2024, Dated 21.12.2024 is illegal, arbitrary and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative Nandyal District in % of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and principles of natural justice and consequently direct the respondents to continue the petitioner to hold F.P. shop Dealership of R.Jambuladinne Village, Uyyalawada Mandal, Nandyai District. 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 direct the respondents to continue the petitioner as F.P. shop Dealer at R.Jambuladinne Village, Uyyalawada Mandal, Nandyai District by suspending the impugned proceedings in Rc.No.CS.978/2024, Dated.21.12.2024 issued by the 3'^^ respondent pending disposal of Writ Petition. Counsel for the Petitioner: SRI D. KASIM SAHEB Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: % APHC010376242025 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: 19265/2025 Between: 1.SATHIGARI JAYA PRASAD REDDY, S/0 S.RAMA GOVINDA REDDY AGED ABOUT 45 YEARS, F.P. SHOP DEALER VIDE SHOP NO. 1340022, UYYALAWADA (M), R.JAMBUIADINNE VILLAGE. NANDYAL DISTRICT. A.P. ...PETITIONER AND 1.THE STATE OF AP. REP. BY THE PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE COLLECTOR CIVIL SUPPLIES, NANDYAL DISTRICT, NANDYAL, A.P., 3.THE REVENUE DIVISIONAL OFFICER, NANDYAL, NANDYAL DISTRICT,A.P., 4. THE TAHSILDAR, UYYALAWADA MANDAL, NANDYAL DISTRICT, A.P., 5.THE DEPUTY TAHSILDAR CS, ALLAGADDA MANDAL, NANDYAL DISTRICT, A.P. ...RESPONDENT(S): 2 TCDS,J W.P.No.19265 of2025 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3RD respondent in suspending the authorization of the petitioner vide shop No. 1340022 of R.Jambuladinne Village, Uyyalawada Mandal, Nandyai District in Proceedings Rc.No.CS.978/2024, Dated 21.12.2024 i illegal, arbitrary and violative of Articles 14, 19(l)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and principles of justice and consequently direct the respondents to ^ petitioner to hold F.P. shop Dealership of R.Jambuladinne Village' Uyyalawada Mandal, Nandyai District and pass IS natural continue the lA NO: 1 OF 202fi 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 Pleased to direct the respondents to continue the petitioner as F.P. shop Dealer at RJambuladinne Village, Uyyalawada Mandal, Nandyai District by suspending the Rc.No.CS.978/2024, Dated.21.12.2024 issued by the 3 impugned proceedings in rd respondent pending disposal of Writ Petition and pass to Counsel for the Petitioner: 1.D KASIM SAHEB Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 TCOS,J W.P.N0.1926S of 2025 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 19265 of 2025 ORDER: The present writ petition is filed questioning the order dated 21.12.2024 passed by the respondent No.3, where under the authorization of the petitioner’s fair price shop No.1340022 of R.Jambuladinne Village, Uyyalawada Mandal, Nandyal District was suspended pending enquiry. It is the case of the petitioner that he was appointed as fair 2. price shop dealer of the said village and his authorization was extended from time to time and it was valid till 31.03.2025. It is further case of the petitioner that based on report dated 19.11.2024 submitted by the Deputy Tahsildar, Allagadda, a show cause notice dated 04.12.2024 was issued to the petitioner calling for explanation, as to why his authorization shall not be cancelled alleging certain variations in the stock. It is the further case of the petitioner that he submitted explanation dated 12.12.2024, stating that due to heavy rain, mud roof was fallen, then they shifted the shop to adjacent street. Upon considering the explanation offered by the petitioner, the respondent No.3 vide impugned order dated 21.12.2024 suspended T 4 TCDSJ W.P.No.l9265of2025 the authorization pending enquiry. Questioning the said order, the present writ petition is filed. It is the specific case of the petitioner that the respondent No.3 while passing the impugned order did not take into consideration the explanation offered by the petitioner. Learned counsel for the petitioner would further submit that it is clearly stated in the impugned order that the period of suspension is only for 90 days. Despite completion of the period stipulated in the impugned order, the respondent No.3 did not complete the enquiry as contemplated under the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018. 3. 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. 5. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. Perused the material available on record. 6. 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 5 TCDS,J W.P.No.19265 of2025 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 February, 2025 itself. Apart from the same, on perusal of the impugned order, it is categorically stated that suspension is only for a period of 90 days. 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. 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/- N NAGAMMA i; ASSISTANT REGISTRAR i //TRUE COPY// SECTION OFFICER 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Collector Civil Supplies, Nandyal District, Nandyal, A.P. 3. The Revenue Divisional Officer, Nandyal, Nandyal District, A.P. 4. The Tahsildar, Uyyalawada Mandal, Nandyal District, A.P. To, 4 5. The Deputy Tahsildar (CS), Altagadda Mandal, Nandyal District, A.P. 6. One CC to Sri D.Kasim Saheb, Advocate [OPUC] 7. Two CCs to GPfor Civil Supplies, High Court of Andhra Pradesh [OUT} 8. Two CD Copies. ssb s HIGH COURT DATED:31/07/2025 ORDER WP No.19265 OF 2025 ^ 12 AUG 2025^1 r y' V^ys^ent Sectiotu^C Co ALLOWING THE WRIT PETITION WITHOUT COSTS