Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 16377 (AP)

B. VARALAKSHMI v. The State of Andhra Pradesh

WP/3489/2026 · 2026-02-08

Ravi Cheemalapati

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010060102026 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3489/2026 Between: 1. B. VARALAKSHMI, W/O B.LAKSHMANNA, AGED ABOUT 46 YEARS, R/O 2 - 23/A, BC COLONY, THIMMAMDODDI, C BELAGAI, PALUKUDODDI, KURNOOL DISTRICT, PIN CODE . 518462. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522503. 2. THE COLLECTOR CIVIL SUPPLIES, KURNOOL. PIN CODE . 518002. 3. THE REVENUE DIVISIONAL OFFICER, KURNOOL. PIN CO 518002. 4. THE TAHSILDAR, C.BELAGAI MANDAL, KURNOOL DISTRICT. PIN CODE . 518462. 5. VILLAGE REVENUE OFFICER, THIMMAMDODDI VILLAGE, C.BELEGAL MANDAL, KURNOOL DISTRICT. 518462 Petition under Article 226 of the Constitution of circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ more particularly one in the nature of Writ of 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3489/2026 B. VARALAKSHMI, W/O B.LAKSHMANNA, AGED ABOUT 46 YEARS, 23/A, BC COLONY, THIMMAMDODDI, C BELAGAI, PALUKUDODDI, KURNOOL DISTRICT, PIN CODE . 518462. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522503. THE COLLECTOR CIVIL SUPPLIES, KURNOOL. PIN CODE . 518002. THE REVENUE DIVISIONAL OFFICER, KURNOOL. PIN CO THE TAHSILDAR, C.BELAGAI MANDAL, KURNOOL DISTRICT. PIN VILLAGE REVENUE OFFICER, THIMMAMDODDI VILLAGE, C.BELEGAL MANDAL, KURNOOL DISTRICT. 518462 ...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 issue a Writ more particularly one in the nature of Writ of RC,J W.P.No.3489 of 2026 IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE NINTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI B. VARALAKSHMI, W/O B.LAKSHMANNA, AGED ABOUT 46 YEARS, 23/A, BC COLONY, THIMMAMDODDI, C BELAGAI, PALUKUDODDI, KURNOOL DISTRICT, PIN CODE . 518462. ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522503. THE COLLECTOR CIVIL SUPPLIES, KURNOOL. PIN CODE . 518002. THE REVENUE DIVISIONAL OFFICER, KURNOOL. PIN CODE . THE TAHSILDAR, C.BELAGAI MANDAL, KURNOOL DISTRICT. PIN VILLAGE REVENUE OFFICER, THIMMAMDODDI VILLAGE, ...RESPONDENT(S): India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be issue a Writ more particularly one in the nature of Writ of RC,J W.P.No.3489 of 2026 2 Mandamus, declaring the action of the Respondents herein, more particularly the action of the Revenue Divisional Officer, Kurnool / Respondent No.3 herein in passing orders vide Rc.DT (LR) 28/26 dated 27.01.2026, by virtue of which the Fair Price Shop that was being run from the Petitioner was suspended, as being illegal, arbitrary, unjust, violative of Andhra Pradesh State Targeted Public Distribution System (Control), Order, 2018, violative of Principles of Natural Justice and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India, consequently set aside Rc.DT (LR) 28/26 dated 27.01.2026, that is passed by the Revenue Divisional Officer, Kurnool / Respondent No.3 herein, direct the Respondents to permit the Petitioner to run the fair price shop in Thimmamdoddi Village, C.Belegal Mandal, Kurnool District and 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 to suspend Rc.DT (LR) 28/26 dated 27.01.2026, that is passed by the Revenue Divisional Officer, Kurnool / Respondent No.3 herein and pass IA NO: 2 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 permit the Petitioner to run the fair price shop in Thimmamdoddi Village, C.Belegal Mandal, Kurnool District and pass Counsel for the Petitioner: 1. VIVEKANANDA VIRUPAKSHA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: RC,J W.P.No.3489 of 2026 3 ORDER This writ petition is filed questioning the orders dated 27.01.2026 passed by respondent no.3 vide Rc.DT (LR) 28/26 suspending the petitioner’s authorization in respect of FP Shop No.1305052, Thimmamdoddi Village, C.Belagal Mandal. 2. Heard Sri Vivekananda Virupaksha, learned counsel for the petitioner, and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies. 3. Sri Vivekananda Virupaksha, learned counsel, while reiterating the contents of the writ affidavit would contend that the authorities, alleging variations in the ground stock found during inspection of the FP, issued show cause notice calling for explanation, for which the petitioner submitted a detailed explanation, however, the authorities, without considering the explanation, in a mechanical way, suspended the authorization of the petitioner without giving reasons, 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 between ground stocks and book balance, suspended the F.P.shop authorization of the petitioner, pending final enquiry, after following the procedure contemplated under law. He would further contend RC,J W.P.No.3489 of 2026 4 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 FP shop dealership authorization was suspended pending enquiry. 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 (3) 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, the writ petition can be disposed of with the following direction: “The authorities shall conclude the enquiry within a period of three (03) months from the date of receipt of copy of this order. Else, the impugned suspension orders dated 27.01.2026 passed by respondent no.3 vide Rc.DT (LR) 28/26 shall stand revoked.” RC,J W.P.No.3489 of 2026 5 10. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 9th day of February, 2026. RR