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High Court of Andhra Pradesh · body

2025 DAILYLAW 43185 (AP)

KOLLURI KRISHNAIAH v. THE STATE OF ANDHRA PRADESH

WP/36011/2025 · 2025-12-30

V Sujatha

body2025

Judgment text

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1 VS,J W.P.No.36011 of 2025 APHC010694282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 36011/2025 Between: 1. KOLLURI KRISHNAIAH, S/O. YANADI, AGED ABOUT 65 YEARS, F.P.SHOP DEALER, SHOP NO.0847016, RAJUPALEM VILLAGE KOTHAPATNAM MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,. AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR CS, ONGOLE, PRAKASAM DISTRICT. (523002) 3. THE REVENUE DIVISIONAL OFFICER, ONGOLE DIVISION, PRAKASAM DISTRICT. (523002) 4. THE TAHSILDAR, KOTHAPATNAM MANDAL, PRAKASAM DISTRICT. (523286) ...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 of Mandamus or any other appropriate Writ Order or 2 VS,J W.P.No.36011 of 2025 direction declaring the action of the 3rd respondent in suspension of authorization of the petitioner vide proceedings in Rc. No. I/3041/2024 dated 04.11.2024 without conducting any enquiry is illegal, arbitrary and violation of Articles 14,19 and 21 of constitution of India consequently set aside the same 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 to suspend the proceedings issued by the 3rd respondent vide proceedings in Rc. No. 1/3041/2024 dated 04.11.2024 by continuing the petitioner as a F.P shop dealer in Shop No. 0847016, situated at Rajupalem Village, Kothapatnam Mandal, Prakasam District by enabling him to supply to the card holders pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.36011 of 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 36011/2025 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 of Mandamus or any other appropriate Writ Order or direction declaring the action of the 3rd respondent in suspension of authorization of the petitioner vide proceedings in Rc.No.I/3041/2024 dated 04.11.2024 without conducting any enquiry is illegal, arbitrary and violation of Articles 14, 19 and 21 of constitution of India consequently set aside the same.” 2. The petitioner, being a physically handicapped person, was appointed as a permanent Fair Price Shop Dealer for Shop No.0847016 situated at Rajupalem Village, Kothapatnam Mandal, Prakasam District. The petitioner’s authorization was renewed from time to time, and it is his specific case that he has been distributing essential commodities to the cardholders attached to his shop without any remarks whatsoever. 3. While the things stood thus, an inspection was conducted at the petitioner’s Fair Price Shop on 16.09.2024 by the Food Inspector, Ongole, along with other departmental officials, alleged a discrepancy in the stock of PDS Fortified Rice. It was alleged that there was a shortage of 210 kgs of PDS Fortified Rice. Basing on the report submitted by the Food Inspector on 17.09.2024, the 3rd respondent issued a show cause notice on 26.10.2024 framing a single charge against the petitioner. For which, the petitioner submitted 4 VS,J W.P.No.36011 of 2025 an explanation on 21.10.2024. The grievance of the petitioner is that, despite the detailed explanation submitted by him stating that 9255 kgs of PDS rice was entrusted to the MDU Operator for distribution to the cardholders for the month of September, 2024, that the same was distributed to the cardholders after duly obtaining thumb impressions through the e-POS machine, and that the remaining stock of 610 kgs was intact, the 3rd respondent has placed the petitioner’s authorization under suspension pending enquiry vide the impugned proceedings dated 04.11.2024. Aggrieved thereby, the present writ petition is filed. 4. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 5. Learned Assistant Government Pleader furnished a copy of the proceedings of the 2nd respondent vide Rc.CS2/150/2024 dated 29.11.2025, passed in the appeal preferred by the petitioner against the suspension order impugned in the present writ petition, wherein the matter was remanded back to the 3rd respondent with a direction to complete the enquiry by following the principles of natural justice and the procedure prescribed for dealing with disciplinary cases relating to Fair Price Shops. 6. As per the said proceedings, it is evident that the petitioner had already preferred an appeal before the 2nd respondent challenging the suspension orders dated 04.11.2024, and the 2nd respondent, after considering the grounds urged 5 VS,J W.P.No.36011 of 2025 by the petitioner, passed orders on 29.11.2025 remanding the matter back to the 3rd respondent for completion of enquiry. In view of the same, this Court does not find any merit in the present writ petition. However, since no time frame was fixed by the 2nd respondent for completion of the enquiry, a direction is required to be issued in that regard, especially considering that the petitioner has been under suspension since 04.11.2024. 7. Accordingly, the Writ Petition is disposed of directing the 3rd respondent to complete the enquiry pursuant to the proceedings dated 29.11.2025, strictly in accordance with law and by following the principles of natural justice, within a period of four (04) weeks from the date of receipt of a copy of this order. No costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :31.12.2025 JLV 6 VS,J W.P.No.36011 of 2025 218 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 36011/2025 Date :31.12.2025 JLV