APHC010065852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3569/2025 Between: 1. GOSA PRASANTHA KUMARI, W/O. G. RAJU, AGED ABOUT 36 YEARS, OCC. FAIR SHOP DEALER, R/O. D. NO. YALLURU VILLAGE, GOSPADU MANDAL, KURNOOL DISTRICT NOW AS NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, NANDYAL DIVISION, KURNOOL DISTRICT NOW AS NANDYAL DISTRICT. 3. THE TAHSILDAR, GOSAPADU MANDAL, KURNOOL DISTRICT NOW AS NANDYAL DISTRICT. ...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 of Mandamus or any other appropriate Writ Order or direction declaring the action of the 2ND respondent in suspending the authorization of the petitioner fair price shop No. 1342027 situated at Yalluru Village, Gospadu Mandal, Kurnool 2 District now Nandyal District vide Rc. Cs. No. 895/2024 Dt 28.01.2025 is illegal, arbitrary and violation of Article 14, 19 AND 21 and 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 suspend the orders passed by the 2ND respondent vide Rc. Cs. No. 895/2024 Dt: 28.01.2025 by continuing the petitioner as a fair price shop dealer vide Shop. No. 1342027 situated at Yalluru Village, Gospadu Mandal, Kurnool now Nandyal District, 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 ORDER: Questioning the proceedings dated 28.01.2025 issued by the 2nd respondent vide Rc.Cs.No.895/2024 suspending the petitioner‟s authorization in respect of Fair Price Shop No.1342027, Yallar Village, Gospadu Mandal, Nandyal District, the present writ petition is filed. 2. Heard Sri K.Srinivas, learned counsel for the petitioner and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies. 3. Learned counsel for the petitioner, while reiterating the contents of the writ affidavit, would contend that the authorities, alleging variations in the ground balance of commodities found during inspection of the Fair Price shop, issued a show cause notice, for which the petitioner submitted explanation, however, the authorities, without considering the explanation, in a mechanical way, suspended the authorization of the petitioner without giving reasons in violation of the orders passed by this Court in K.Prabhavathi vs. State of A.P. 1, therefore, the impugned suspension order is liable to be set aside. Accordingly, prayed to allow the writ petition. 4. Sri Appasani Vineeth, learned Assistant Government Pleader, justified the impugned order of suspension contending that as the authorities found variation in ground balance of commodities, suspended the Fair Price shop authorization of the petitioner, pending final enquiry, 1 2020(6) ALD 209 4 after following the procedure contemplated under law. He would further contend that the writ petition being meritless deserves dismissal. Accordingly, prayed to dismiss the writ petition. 5. Learned Assistant Government Pleader brought to the notice of this Court that in order to avoid inconvenience to the cardholders, some third party was appointed as in-charge dealer to the subject shop on temporary basis pending further orders. 6. Perused the material available on record and considered the submissions made by learned counsel for the parties. 7. The petitioner‟s Fair Price shop dealership authorization was suspended pending enquiry. The writ petition is of the year 2025 however, no interim orders are passed. 8. Clause 8(4)(2) of the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018, mandates that the appointing authority shall dispose the disciplinary case filed against the fair price shop dealers as early as possible, preferably within a period of three (03) months from the date of filing, keeping in view of the convenience of the cardholders and for smooth functioning of Targeted Public Distribution System. 9. It is fairly conceded by the learned Assistant Government Pleader that enquiry had not been completed so far. 10. The authorities cannot keep the enquiry for months together because the word „preferably‟ is mentioned in the Clause 8(4)(2) of the 5 Control Order, 2018. That does not mean they can remain inactive on the enquiry for months together, especially when already one year has elapsed. 11. In view of the above, without going into the merits of the matter, this Court is inclined to dispose of the writ petition by passing the following order: “The authorities are directed to conclude the enquiry within a period of two (02) months from the date of receipt of a copy of this order else the order of suspension shall be revoked and the authorities have to supply the essential commodities to the petitioner.” 12. Accordingly, the Writ Petition is disposed of. Insofar as the third party dealership is concerned, no positive orders have been passed. He being a temporary dealer does not have any vested right over the subject fair price shop, particularly when the petitioner is a permanent dealer. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 25th February, 2026 JLV 6 271 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3569/2025 Date: 25th February, 2026 JLV