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2026 DAILYLAW 14079 (AP)

T KAMALAMMA v. THE STATE OF AP

WP/4335/2026 · 2026-02-17

Ravi Cheemalapati

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010066252026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4335/2026 Between: 1. T KAMALAMMA, W/O. MAHALINGAPPA, AGED 35 YEARS, OCC F.P. SHOP DEALER, F.P. SHOP NO.1222038, R/O. D.NO.1-279 MANDALAPALLI VILLAGE H/O, APILEPALLI VILLAGE, KUNDURPI MANDAL, ANANTHAPURAMU DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT-522238 2. THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT- 515001. 3. THE JOINT COLLECTOR, ANANTHAPURAMU DISTRICT- 515001. 4. THE SUB COLLECTOR CUM REVENUE DIVISIONAL OFFICER, KALYANDURGAM, ANANTHAPURAMU DISTRICT-515761. 5. THE TAHSILDAR, KUNDURPI MANDAL, ANANTHAPURAMU DISTRICT-515766. ...RESPONDENT(S): 2 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 tomay be pleased to issue a Writ of mandamus or any other appropriate writ order or direction challenging the orders vide Rc.No.B4/34/2026 dt.12.01.2026 issued by the 4rt respondent in placing the petitioners F.P. shop authorization vide F.P. shop No.1222038, Mandalapalli Village H/o, Apilepalli Village, Kundurpi Mandal, Ananthapuramu District under suspension without assigning any valid reasons without adhering to the procedure contemplated under law is illegal and arbitrary and set aside the same and consequently direct the respondents to continue the petitioner as F.P. shop No.1222038,, Mandalapalli Village H/o, Apilepalli Village, Kundurpi Mandal,Ananthapuramu District by supplying the essential commodities continuously and to pass IA NO: 1 OF 2026 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 may be pleased to direct the respondents to supply the essential commodities continuously to the petitioner’s F.P. shop No.1222038, Mandalapalli Village H/o, Apilepalli Village, Kundurpi Mandal,Ananthapuramu District by suspending the orders vide Rc.No.B4/34/2026 dt. 12.01.2026 issued by the 4rt respondent, pending disposal of the writ petition and to pass Counsel for the Petitioner: 1. N ASWARTHA NARAYANA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: Questioning the proceedings dated 12.01.2026 issued by the 4th respondent vide Rc.No.B4/31/2026 suspending the petitioner’s authorization in respect of Fair Price Shop No.1222038, Mandalapalli Village, Kundurpi Mandal, Ananthapuramu District, the present writ petition is filed. 2. Heard Sri N.Aswartha Narayana, learned counsel for the petitioner and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the writ affidavit would contend that the authorities, alleging certain irregularities found during inspection of the Fair Price shop, issued 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 Vineeth Appasani, learned Assistant Government Pleader, justified the impugned order of suspension contending that as the authorities found certain irregularities, suspended the Fair Price shop authorization of the petitioner, pending final enquiry, after following the 1 2020(6) ALD 209 4 procedure contemplated under law. He would further contend that the writ petition being meritless deserves dismissal. Accordingly, prayed to dismiss the writ petition. 5. Perused the material available on record and considered the submissions made by learned counsel for the parties. 6. 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. 7. 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. 8. It is fairly conceded by the learned Assistant Government Pleader that enquiry had not been completed so far. 9. 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.” 5 10. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 18th February, 2026 JLV 6 18 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4335/2026 Date: 18th February, 2026 JLV