APHC010050762023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2524/2023 Between: 1. M.C.VIJAYALAKSHMI, W/O LATE M.C.NARAYANA REDDY, AGED ABOUT 72 YEARS, R/O 17-390-2-1-C, MADHANAPALLI, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER/SUBCOLLECTOR, MADANAPALLE, ANNAMAYYA DISTRICT. 3. THE TAHSILDAR, MADANAPALLEMANDAL, ANNAMAYYA DISTRICT. 4. SMT K SUDHA, W/O NOT KNOWN, AGED ABOUT 50 YEARS FP SHOP NO 1081037 R/O 16-172 PAIRAMANNA STREET, MADANAPALLE, CHITTOOR 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 to issue a Writ or direction, more particularly one in the 2 nature of Writ of Mandamus, declaring the action of the 2nd respondent in suspending the authorization Vide RoC.A3/2608/2022, dated 12.01.2023 of the petitioner Shop No. 1081037 of Madhanapalli, Annamayya District is illegal, arbitrary and violation of principles of natural justice consequently set aside the same and pass such other order or orders may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2023 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 Suspend the orders passed by the respondent No 2 Vide RoC.A3/2608/2022, dated 12.01.2023 of the petitioner Shop No. 1081037 of Madhanapalli, Annamayya District by permitted the petitioner to supply stock to card holder and pass IA NO: 2 OF 2023 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 vacate the interim order dated 06-02-2023 passed in WP.No. 2524 of 2023 and dismiss the writ petition in the interest of justice 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 12.01.2023 issued by the 2nd respondent vide RoC.A3/2608/2022 suspending the petitioner’s authorization in respect of Fair Price Shop No.1081037, Madhanapalli Annamayya 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 rice 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 rice, suspended the authorization of the petitioner, pending final enquiry, after following the procedure contemplated under law. He would further contend that the writ petition 1 2020(6) ALD 209 4 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. This Court vide orders dated 06.02.2023, suspended the impugned orders dated 12.01.2023. It is brought to the notice of this Court that though as an interim arrangement, the 4th respondent has been appointed as temporary dealer, by virtue of the interim orders dated 06.02.2023, the 4th respondent left the shop, as such, the question of hearing the 4th respondent does not arise. 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: 5 “The authorities shall conclude the enquiry within a period of two months. Till conclusion of enquiry, the interim orders passed by this Court on 06.02.2023 shall continue.” 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: 17th February, 2026 RKS