APHC010565392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29411/2025 Between: 1. POTHURAJU YEDUKONDALU, S/O VENKATESWARLU AGE 42 YEARS, OCC- FP SHOP DEALER FOR SHOP NO.0812008, JUVVALERU VILLAGE PODILI MANDAL, PRAKASAM DIST. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DIST. 2. THE COLLECTOR CS, PRAKASAM DIST., AT ONGOLE. 3. THE REVENUE DIVISIONAL OFFICER, KANIGIRI TOWN, PRAKASAM DIST. 4. THE TAHSILDAR, PODILI MANDAL, PRAKASAM DIST. ...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 to issue a writ or direction preferably writ of mandamus declaring the action of the 2nd respondent in not considering and disposing the appeal or stay petition filed on 7-10-2025 preferred against the order passed by the 3rd respondent vide Rc.E/710/2025 dt 22-9-2025 wherein cancelling the authorization of the petitioner in respect of FP Shop No.0812008 Juvvaleru Village, Podili Mandal, Prakasam Dist., without following the procedure as contemplated under AP State Targetted Public Distribution System (Control) 2 VS,J W.P.No.29411 of 2025 Order,2018 is illegal, arbitrary, and violative of principles of natural justice and consequentially direct the 2nd respondent to consider and dispose of the appeal dt 7-10-2025 within reasonable period by continuing the petitioner as FP Shop dealer as usual for the subject shop till the disposal of appeal, 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 Suspend the impugned order passed by the 3rd respondent vide Rc.E/710/2025 dty 22- 9-2025 in respect of FP Shop of FP Shop No.0812008, Juvvaleru Village, Podili Mandal, Prakasam 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 The Court made the following: 3 VS,J W.P.No.29411 of 2025 ORDER: The present writ petition came to be 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 action of the 2nd respondent in not considering and disposing the appeal or stay petition filed on 7-10-2025 preferred against the order passed by the 3rd respondent vide Rc.E/710/2025 dt 22-9- 2025 wherein cancelling the authorization of the petitioner in respect of FP Shop No.0812008 Juvvaleru Village, Podili Mandal, Prakasam Dist., without following the procedure as contemplated under AP State Targetted Public Distribution System (Control) Order, 2018 as illegal, arbitrary, and violative of principles of natural justice and consequentially direct the 2nd respondent to consider and dispose of the appeal dt 7-10-2025 within reasonable period by continuing the petitioner as FP Shop dealer as usual for the subject shop till the disposal of appeal ….” 2. The brief facts of the case are as follows: a) The petitioner is a permanent Fair Price Shop dealer of Shop No.0812008, Juvvaleru Village, Podili Mandal, Prakasam District and his authorization is valid up to 31.03.2025. The petitioner has also paid the renewal fee on 21.03.2025 for further renewal. b) While the matter being so on 14.06.2025 at about 10.00 a.m., the Enforcement Deputy Tahsildar, Podili, along with the Village Revenue Officer, Kunchepalli Village inspected the petitioner’s shop, verified the available stock, compared it with the online e-Pass machine and found variation in fortified rice 201 kgs in excess and in respect of remaining commodities, there was no variation. However, basing on the report submitted by the Enforcement Deputy 4 VS,J W.P.No.29411 of 2025 Tahsildar, the 4th respondent, in turn, submitted a report dated 14.06.2025 to the 3rd respondent for initiation of disciplinary proceedings. Thereafter, the petitioner’s authorization was cancelled vide orders dated 22.09.2025. Subsequently, the petitioner preferred a statutory appeal before the 2nd respondent under Clause 24 of APSTPDS Control Order 2018 along with a stay petition on 07.10.2025, seeking to stay the operation of the cancellation orders dated 22.09.2025. However, as no orders have been passed on the stay application and alternative arrangements have already been made in respect of the petitioner’s Fair Price Shop, the petitioner is constrained to file the present writ petition. 3. Heard learned counsel for the petitioner and as well as the learned Assistant Government Pleader for Civil Supplies. 4. On a perusal of the affidavit as well as the documents filed by the petitioner, it appears that the petitioner’s authorization was cancelled on 22.09.2025. Thereafter, the petitioner has also preferred a statutory appeal before the 2nd respondent under Clause 24 of APSTPDS Control Order, 2018 along with a stay petition on 07.10.2025. However, since the stay petition along with the appeal was filed on 07.10.2025, the 2nd respondent ought to have passed appropriate orders in the stay petition filed by the petitioner. Instead of doing so, the same has been kept pending. 5. In view of the same, instead of going into the merits of the case, the Writ Petition is disposed of, directing the 2nd respondent to pass appropriate orders on the stay petition filed by the petitioner on 07.10.2025 along with the 5 VS,J W.P.No.29411 of 2025 statutory appeal filed on the same day, within a period of one week from the date of receipt of a copy of this order. The 2nd respondent is further directed to complete the enquiry and pass final orders in the appeal preferred by the petitioner as expeditiously as possible, preferably within a period of two (2) months thereafter. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 29.10.2025 CAB/KGR