APHC010541172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28186/2025 Between: 1. P PRASAD GOUD, S/O PICHAIAH GOUD AGE 45 YEARS, OCC FP SHOP DEALER FOR SHOP NO. 1334025, R/O HIGH SCHOOL KOTTALA VILLAGE NANDYAL MANDAL, NANDYAL DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE COLLECTOR CS, NANDYAL DIST., AT NANDYAL. 3. THE SUB COLLECTOR/REVENUE DIVISIONAL OFFICER, NANDYAL DIVISION, NANDYAL DIST. 4. THE TAHSILDAR, NANDYAL MANDAL, NANDYAL DIST. 5. SMT SIRIGIRI ARUNA, W/O RAVI KRISHNA NANDHI SELF HELP GROUND ADJ RAMAYALAM TEMPLE HIGH SCHOOL KOTTALA VILLAGE, NANDYAL MANDAL, NANDYAL DIST 2 VS,J W.P.NO.28186 OF 2025 ...RESPONDENT(S): 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 direction preferably writ of mandamus declaring the impugned order issued by the 3rd respondent vide Rc.No.CS/784/2024 dt 15-2- 2025rd (served to the petitioner on 7-10-2025) suspending the petitioners authorization in respect of FP Shop No. 1334025, High School Kottala Village, Nandyal Mandal, Nandyal Dist., and entrusting the distributionwork to the 5th respondent without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order, 2018 is ex-fade illegal, arbitrary, without authority apart from violation of the principles of natural justice and consequentially set aside the impugned order dt 15-2- 2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual, 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 pleased Suspend the impugned order passed by the 3rd respondent vide vide Rc.No.CS/784/2024 dt: 15-2-2025 (served on 7-10-2025) in respect of FP Shop No. 1334025, High School Kottala Village, Nandyal Dist., by continuing the petitioner as dealer as usual, pending disposal of the writ petition Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 2. THATHIREDDY ASHOK SRIVASTAVA 3 VS,J W.P.NO.28186 OF 2025 The Court made the following ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue a writ or direction preferably writ of mandamus declaring the impugned order issued by the 3rd respondent vide Rc.No.CS/784/2024 dt 15-2-2025 (served to the petitioner on 7-10-2025) suspending the petitioner’s authorization in respect of FP Shop No. 1334025, High School Kottala Village, Nandyal Mandal, Nandyal Dist., and entrusting the distribution work to the 5th respondent without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order, 2018 is ex-facie illegal, arbitrary, without authority apart from violation of the principles of natural justice and consequentially set aside the impugned order dt15-2-2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual...” 2. Brief facts of the case of the petitioner is that:- a. The petitioner was appointed as a temporary fair price shop dealer for shop No.1334025 situated at High School Kottala Village, Nandyal Mandal, Nandyal District vide proceedings Rc.(A) 3698/2013 dated 30.12.2013 issued by the 3rd respondent. The petitioner’s authorization was extended from time to time and was lastly renewed up to 31.3.2025. b. While things stood thus, due to a change in political scenario and at the instance of local political leaders, the Deputy 4 VS,J W.P.NO.28186 OF 2025 Tahsildar (CS), Nandyal, along with his subordinates, inspected the shop on 18.10.2024 at about 11:00 A.M. During the inspection, they found a variation of 9 kg (+) in the MDM rice and submitted a report to the 4th respondent, who in turn submitted a report to the 3rd respondent. Based on the said report dated 22.10.2024 submitted by the 4th respondent, the 3rd respondent issued a show cause notice dated 06.11.2024 directing the petitioner to submit an explanation within seven (07) days from the date of receipt of this notice, or else as to why his authorization should not be cancelled for the above lapses. For which, the petitioner submitted an explanation on 05.12.2024 clearly explaining every charge framed against him 3. The grievance of the petitioner is that though the impugned suspension order is stated to have been issued on 15.02.2025, the same was served on the petitioner only on 24.10.2025, which fact was also not disputed by the learned Assistant Government Pleader for Civil Supplies. 4. Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Civil Supplies and learned counsel representing 5th respondent. 5 VS,J W.P.NO.28186 OF 2025 5. On a perusal of suspension order, it can be observed that the explanation submitted by the petitioner with regard to the charges framed against him was not properly considered by the respondents. No reasons have been assigned as to how and why the explanation submitted by the petitioner was not acceptable and does not found convincing. However, since the 3rd party interest has been created in respect of the present shop in the month of February itself, and the suspension is pending enquiry, instead of going into other aspects, this Court feels it appropriate, to direct respondent No.3 to complete the enquiry as expeditiously as possible within a period of four (04) weeks from the date of receipt of a copy of this order or else, the impugned suspension order shall be revoked automatically. 6. With the above direction, the writ petition is disposed of. No costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :03.11.2025 LSP 6 VS,J W.P.NO.28186 OF 2025 187 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28186/2025 Date :03.11.2025 LSP