APHC010082572026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4831/2026 Between: 1. GANTA RAMAIAH, S/O. SAMBAIAH @ CHANDRAIAH AGED ABOUT 53 YEARS, F.P. SHOP. NO. 0810019, JAGANNADHAPURAM VILLAGE, TARLUPADU MANDAL, PRAKASAM DISTRICT. PINCODE 523371. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, GOOD AND CIVIL SUPPLIES (CS) DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. PINCODE 522238. 2. THE DISTRICT COLLECTOR CIVIL SUPPLIES, ONGOLE, PRAKASAM DISTRICT. PINCODE 523001. 3. THE SUB COLLECTOR/RDO FAC, MARKAPUR, PRAKASAM DISTRICT. PINCODE 523316. 4. THE TAHSILDAR, , TARLUPADU MANDAL, PRAKASAM DISTRICT. PINCODE 523332. 5. ENFORCEMENT DEPUTY TAHSILDAR, PODILI MANDAL, PRAKASAM DISTRICT. PINCODE 523240. 6. SMT TANGIRALA JAYANTHI, W/O. BABU RAO, 2ND LEADER, ADARSA SHG GROUP, R/O. JAGANNADHAPURAM VILLAGE, 2 TARLUPADU MANDAL, MARKAPURAM DISTRICT. ERSTWHILE PRAKASAM DISTRICT. PINCODE 523371. ...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 one in the nature of Writ of Mandamus or any other appropriate writ order or direction declaring the action of the 3rd respondent in suspending the proceeding Rc.C/761/2025, dated 12-01-2026 the petitioners authorization in respect of FP Shop No. 0810019 of Jagannadhapuram Village, Tarlupadu Mandal, Markapur Division, Prakasam District as illegal, arbitrary and violative of principles of natural justice Article 14, 16 and 21 of Constitution of Indian, the procedure as contemplated under A.P. State Targeted Public Distribution System (Control) order 2018, and consequentially set aside the proceedings in Rc.C/761/2025 dated 12- 01-2026 and further direct the respondents to continue the petitioner as F.P.Shop Dealer 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 pleased to direct the respondents to allot the stocks for distribution to the card holders by suspending the order issued by the 3rd respondent vide proceedings in Rc.C/761/2025 dated 12-01-2026 in respect of FP Shop No. 0810019 of Jagannadhapuram Village, Tarlupadu Mandal, Markapur Division, Prakasam District pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. KOPPARTHI SUMATHI Counsel for the Respondent(S): 1. MAGANTI SAI KRISHNA 2. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: Impugning the proceedings vide Rc.C/761/2025 dated 12.01.2026 of the 3rd respondent, suspending the petitioner’s authorization pending enquiry, the present writ petition has been filed. 2. Heard Ms. K.Sumathi, learned counsel for the petitioner, Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies appearing for respondent Nos.1 to 5 and Sri Ch.S.S.R.Bharadwaj, learned counsel representing Sri Maganti Sai Krishna, learned counsel for respondent No.6. 3. While reiterating the contents of the affidavit, learned counsel for the petitioner submitted that the order impugned is unsustainable and contrary to law. No reasons have been assigned for ordering suspension of the petitioner’s authorization pending enquiry. The respondent authorities have to invite two reports, one for initiating 6A proceedings and the other for initiating disciplinary proceedings. A perusal of the order impugned does not disclose as to on which report the order of suspension has been passed. In the said circumstances, if the order impugned is allowed to subsist, it would affect the rights of the petitioner. In support of her contention, she relied on the Judgment of this Court in B.Sobha @ Tarasani Sujatha passed in W.P.No.24493 of 2025 and Batch, particularly paragraph No.18, and accordingly and prayed to allow the writ petition. 4 4. On the other hand, learned counsel for respondent No.6 submitted that the authorities have rightly passed the orders and the same warrants no interference. To safeguard the interest of the cardholders, the authorities have issued temporary dealership of the subject shop to respondent No.6 and accordingly prayed to pass appropriate orders. 5. On the other hand, the learned Assistant Government Pleader submitted that the suspension order has been passed keeping in view the interest of the cardholders and no detailed reasons are required to be given. If the authorities come to a prima facie conclusion against the petitioner, suspension orders can be passed even without issuing notice by virtue of the Circular vide C.C.Memo.No.21/100/2015-ADI.PP-CCS dated 28.09.2015. In such circumstances, the writ petition is devoid of merits and is liable to be dismissed. 6. Perused the record and considered the submissions made by learned counsel for the parties. 7. It is not in dispute that the petitioner is a permanent dealer and on 30.12.2025 a show cause notice has been issued on the alleged ground of certain irregularities by framing charges and inviting explanation. Pursuantly, the proceedings impugned were passed suspending the petitioner’s authorization. A perusal of the impugned proceedings would show that the petitioner has not submitted any explanation to the said show cause notice. The main contention of the petitioner is that without 5 inviting a separate independent report, the authorities cannot suspend the petitioner’s authorization. The judgment relied upon by the petitioner, paragraph No.15, reads as follows:- 15) Clause 20(i) APSTPDS (Control) Order, 2018 has been upheld by this Court in “Modi Srinivasarao Vs. The State of Andhra Pradesh (W.P.No.500 of 2020 dated 08.01.2020)” and also held that disciplinary proceedings cannot be initiated basing on a report submitted for 6-A proceedings. In the said judgment this Court has specifically held as follows: “When Clause 20(i) of Control Order, 2018 specified that a separate report is required to be filed by inspecting officer for initiation of disciplinary action against petitioner, in the absence of any such separate report, as contemplated under Section 20(i) of Control Order, 2018, passing order based on report under Section 6-A of E.C Act is impermissible under law, since it is deviation from Clause 20(i) of Control Order, 2018.” 8. A reading of the said order, a Coordinate Bench of this Court has held that disciplinary proceedings cannot be initiated basing on the report submitted for 6A proceedings. The facts of the said case are different from the facts on hand. In the present proceedings, they have not mentioned anything about 6A report; they have only mentioned as a report. In the said circumstances, the same cannot be taken or presumed as a 6A report. 9. As could be seen from the proceedings impugned, basing on the report of the Tahsildar disciplinary action has been initiated against the petitioner, but nowhere it is held that the said report is a 6A report. In the said circumstances, the contention of the petitioner is untenable. No valid 6 grounds are raised or urged warranting interference of this Court and the Writ Petition is liable to be dismissed. 10. Insofar as unofficial respondent, he will not have any vesting rights in the subject case and he cannot oppose the case of the petitioner. Only as a temporary measure, the cardholders have tagged to the 6th respondent. 11. Accordingly, the Writ Petition is dismissed. However, as contemplated under the Control Order, 2018, the authorities shall conclude the enquiry within a period of two (02) months or else the suspension order shall stand restored. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 27th February, 2026 JLV 7 314 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4831/2026 Date: 27th February, 2026 JLV