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2026 DAILYLAW 16856 (AP)

Y KALPANA @ POLAM KALPANA v. THE STATE OF ANDHRA PRADESH

WP/4229/2026 · 2026-02-15

Ravi Cheemalapati

body2026

Judgment text

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APHC010071472026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4229/2026 Between: 1. Y KALPANA @ POLAM KALPANA, D/O. ADINARAYANA REDDY, AGED ABOUT 40 YEARS, OCC FP SHOP DEALER, DEALER OF SHOP NO. 1241017, BALASAMUDRAM VILLAGE, R/O KOKKANTI CROSS VILLAGE, H/O BALASAMUDRAM, TANAKALLU MANDAL, SRI SATYA SAI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SRI SATHYA SAI DISTRICT, PUTTAPARTHY. 3. THE JOINT COLLECTOR CIVIL SUPPLIES, SRI SATYA SAI DISTRICT, PUTTAPARTHI. . 4. THE REVENUE DIVISIONAL OFFICER, KADIRI REVENUE DIVISION, KADIRI, SRI SATYA SAI DISTRICT 5. THE TAHASILDAR, TANAKALLU MANDAL, TANAKALLU, SRI SATYA SAI DISTRICT. 6. THE DEPUTY TAHSILDHAR CIVIL SUPPLIES, TANAKALLU, SRI 2 SATYA SAI DISTRICT. 7. THE VILLAGE REVENUE OFFICER, CIVIL SUPPLIES DEPUTY TAHSILDHAR, BALASAMUDRAM VILLAGE, TANAKALLU, SRI SATYA SAI 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 topleased to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in Rc.No. F/665/2025, dated 08.01.2026 issued by the respondent No.4 suspending my authorization of.the Fair Price Shop No. 1241017 of Balasamudram Village, Tanakallu Mandal, Sri Sathya Sai District without considering the explanation submitted by me and for an indefinite period without serving the panchanamma or the report of the respondent No.5 as arbitrary, illegal, colorable exercise of power and contrary to the Andhra Pradesh State Public Distribution System Control Order, 2018 apart from being violative of the fundamental rights guaranteed under articles, 14,19, 21 ofthe Constitution of India and consequently set a side the proceedings in Rc.No. F/665/2025, dated 08.01.2026 and restoring petitioner authorization for the F.P Shop No. 1241017 at Balasamudram village, Tanakal Mandal, Kadiri Division, Anantapur District and permit me to supply the essential commodities to the card holders 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 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 Counsel for the Petitioner: 1. B.ABHAY SIDDHANTH MOOTHA 3 Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 4 ORDER: Questioning the proceedings dated 08.01.2026 issued by the 4th respondent vide Rc.No.F/665/2025 suspending the petitioner’s authorization in respect of Fair Price Shop No.1241017, Balasamudram Village, Tanakallu Mandal, Sri Sathya Sai District, the present writ petition is filed. 2. Heard Sri B.Abhay Siddhanth Mootha, learned counsel for the petitioner and Sri Vineeth Appasani, 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 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. 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 1 2020(6) ALD 209 5 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, 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: 6 “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: 16th February, 2026 JLV 7 122 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4229/2026 Date: 16th February, 2026 JLV