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2026 DAILYLAW 14681 (AP)

DUDEKULA GHALIB v. THE STATE OF AP

WP/1418/2026 · 2026-01-20

Ravi Cheemalapati

body2026

Judgment text

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APHC010013372026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 1418/2026 Between: 1. DUDEKULA GHALIB, S/O CHINNA MAHABOOB, AGED 56 YEARS, OCC FAIR PRICE SHOP DEALER OF SHOP NO. 0781174, SHANTI NAGAR GUNTUR (W) MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT -522237. 2. THE REVENUE DIVISIONAL OFFICER, GUNTUR, GUNTUR DISTRICT-522004. 3. THE CIVIL SUPPLIES DEPUTY TAHSILDAR, GUNTUR WEST, GUNTUR DISTRICT-522004. ...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 an appropriate 2 Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the 2nd respondent in issuing the show cause notice bearing Rc.No. 2068/2025-B dt. 27-8-2025 as well as the suspension order bearing Rc.No. 1912/2025-B dt. 27-8-2025 simultaneously and continuing the F.P. shop dealership under suspension beyond 90 days, as being illegal, arbitrary and unjust and consequently set aside the suspension bearing Rc.No. 1912/2025-B dt. 27-8-2025 and restore the dealership, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. 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 pleased to pass orders directing the 2nd respondent herein to continue the petitioner as Fair Price Shop Dealer of Shop No. 0781174 of Guntur West), Guntur District, pending disposal of the main Writ Petition, and to pass Counsel for the Petitioner: 1. K JOSEPH Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: Questioning the action of the 2nd respondent in issuing the show-cause notice bearing Rc.No.2068/2025-B, dated 27.08.2025 as well as the suspension order bearing Rc.No.1912/2025-B, dated 27.08.2025, simultaneously and continuing the Fair Price Shop dealership of the petitioner under suspension beyond 90 days, the present writ petition is filed. 2. Heard Sri K. Joseph, learned counsel for the petitioner and Sri Vineeth Appasani, 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 show cause notice and thereby issued the suspension order on the very same day, even without giving sufficient time to the petitioner to submit his explanation. However, the petitioner submitted detailed explanation giving reply to the charges leveled against him. 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 4 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, 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. 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 2026; 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, 1 2020(6) ALD 209 5 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.” 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: 21.01.2026 ANS 6 400 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 1418/2026 Date: 21.01.2026 ANS