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2026 DAILYLAW 1564 (AP)

Smt. G.Bhagyamma, v. The State of Andhra Pradesh,

WP/9631/2026 · 2026-04-09

Ravi Cheemalapati

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010186622026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 9631/2026 Between: 1. SMT. G.BHAGYAMMA,, W/O GUNDU RAO, AGED 44 YEARS, OCC F.P.SHOP DEALER OF SHOP.NO.1262021, R/O. D.NO.8/98, KODIPALLI VILLAGE, AGALI MANDAL, SRI SATYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT -515311. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, AMARAVATHI - 522237. 2. THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT., AT PUTTAPARTHY, ERSTWHILE ANANTAPUR DISTRICT - 515134 3. THE JOINT COLLECTOR, SRI SATHYA SAI DISTRICT AT PUTTAPARTHY, ERSTWHILE ANANTAPUR DISTRICT, ANDHRA PRADESH - 515134. 4. THE REVENUE DIVISIONAL OFFICER, MADAKASIRA DIVISION, MADAKASIRA, SRI SATYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT - 515301. 5. THE TAHSILDAR, AGALI MANDAL, SRI SATHYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT - 515311. 2 ...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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing proceedings Rc.No.103/2026/C dated 20.02.2026 by suspending the authorization of the petitioner as fair price shop dealer of Shop.No.1262021, Kodipalli Village, Agali Mandal, Sri Satya Sai District Erstwhile Anantapur District without there being any valid reason, without considering the explanation submitted by the petitioner and without providing opportunity of personnel hearing, without proper enquiry as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and consequently set-aside the same and further direct the respondents to continue the petitioner to hold F.P Shop.No. 1262021, Kodipalli Village, Agali Mandal, Sri Satya Sai District Erstwhile Anantapur District 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 to direct the respondents to continue the petitioner as F.P. shop Dealer and to supply essential commodities to the petitioner’s F.P Shop.No.1262021, Kodipalli Village, Agali Mandal, Sri Satya Sai District Erstwhile Anantapur District by suspending the proceedings of 4 respondent in Rc.No. 103/2026/C dated 20.02.2026, pending disposal of Writ Petition, Counsel for the Petitioner: 1. P NARAHARI BABU Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: Questioning the proceedings dated 20.02.2026 issued by the 4th respondent vide Rc.No.103/2026/C suspending the petitioner’s authorization in respect of Fair Price Shop No.1262021, Kodipalli Village, Agali Mandal, Sri Satya Sai District Erstwhile Anantapur District, the present writ petition is filed. 2. Heard Sri P.Narahari Babu, 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 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 1 2020(6) ALD 209 4 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. It is fairly conceded by the learned Assistant Government Pleader that enquiry had not been completed so far. 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. In view of the above, as the relief sought is innocuous, without going into the merits of the matter and without inviting counter, 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 three (03) months from the date of receipt of a copy of this order else the order of suspension shall be revoked.” 5 9. 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: 10th April, 2026 RKS