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2026 DAILYLAW 18211 (AP)

B.RAJESWARI v. The State of Andhra Pradesh

WP/6097/2026 · 2026-03-04

Ravi Cheemalapati

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010108562026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6097/2026 Between: 1. B.RAJESWARI, W/O. MAHINDRA, AGED ABOUT 41 YEARS, PERMANENT FAIR PRICE SHOP DEALER, SHOP NO. 1285062, R/O. VENUGOPAL NAGAR, ANANTAPUR URBAN, ANANTAPUR DISTRICT.-515001 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. -522237 2. THE JOINT COLLECTOR, ANANTAPUR, ANANTAPUR DISTRICT.-515001 3. THE REVENUE DIVISIONAL OFFICER, ANANTAPUR DIVISION, ANANTAPUR DISTRICT.-515001 4. THE TAHSILDAR, ANANTAPUR URBAN MANDAL, ANANTAPUR DISTRICT.-515001 ...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 of Mandamus or any other appropriate Writ Order or direction declaring the action of the respondent no. 3 in suspending the authorization of the petitioner vide proceedings in D. Dis No. D1CS/33/2025 dated 15.07.2025 is illegal, arbitrary and violation of 2 Articles 14, 19 and 21 of constitution of India consequently set aside the same 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 the operation of the proceedings issued by the 3^^* respondent vide proceedings in D. Dis No. D1CS/33/2025 dated 15.07.2025 by continuing the petitioner as a F.P shop dealer in Shop No. Shop No. 1345021, as a permanent dealer situated at Venugopal Nagar, Anantapur Urban, Anantapur District. By enabling him to supply to the card holders pending disposal of the above Writ Petition and pass 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 15.07.2025 issued by the 3rd respondent vide D.Dis.No.D1CS/33/2025 suspending the petitioner’s authorization in respect of Fair Price Shop No.1285062 (which was wrongly mentioned by the petitioner in the affidavit as 1345021), Venugopal Nagar, Anantapur Urban, Anantapur District, the present writ petition is filed. 2. Heard Sri K.Srinivas, learned counsel for the petitioner and Sri AppasaniVineeth, learned Assistant Government Pleader for Civil Supplies 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. Sri AppasaniVineeth, learned Assistant Government Pleader, justified the impugned order of suspension contending that as the 1 2020(6) ALD 209 4 authorities found variation in ground balance of commodities, suspended 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, without going into the merits of the matter, 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 The Principal Secretary-respondent No.1 is also directed to inquireinto the issueand take steps against the officers concerned if there is any violation found.” 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: 05th March, 2026 RKS