APHC010106902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5807/2025 Between: 1. MAREDDY ADI LAKSHMI, W/O BHEEMANADHAM LAKSHMANA REDDY, AGED ABOUT 48 YEARS, OCC PERMANENT F.P. SHOP DEALER OF F.P. SHOP NO.0816037, VENKATAPURAM VILLAGE, ADDANKI MANDAL, BAPATIA DISTRICT -522101, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, BAPATIA DISTRICT, BAPATIA, ANDHRA PRADESH. 3. THE JOINTCOLLECTOR, BAPATIA DISTRICT, BAPATIA, ANDHRA PRADESH. 4. THE DISTRICT SUPPLY OFFICER, BAPATIA, BAPATIA DISTRICT, ANDHRA PRADESH. 5. THE REVENUE DIVISIONAL OFFICER, CHIRALA REVENUE DIVISION, BAPATIA DISTRICT ANDHRA PRADESH. 6. THE MANDAL TAHSILDAR, ADDANKI MANDAL, BAPATIA DISTRICT 2 VS,J W.P.No.5807 of 2025 ANDHRA PRADESH. ...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 a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings issued by the Revenue Divisional Officer, Chirala, the 5TH respondent herein vide R.C.F. 99/2025, dated 11.02.2025 suspending the Authorization of the petitioner herein as F.P. Shop Dealer without giving any opportunity and without conducting any enquiry as illegal, arbitrary to the provisions of A.P. State Public Distribution System Control Order - 2018 by setting aside the same and consequently suspend the proceedings issued by the 5TH respondent vide C.F. 99/2025, dated 11.02.2025 and allow the petitioner to distribute the essential commodities to the respective card holders attached to F.P. Shop No.0816037 in Venkatapuram Village, Addanki Mandal, Chirala Division, Bapatia District and pass IA NO: 1 OF 2025 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 suspend the proceedings issued by the 5th respondent vide C.F. 99/2025, dated 11.02.2025 and allow the petitioner to distribute the essential commodities to the respective card holders attached to F.P. Shop No.0816037 in Venkatapuram Village, Addanki Mandal, Chirala Division, Bapatia District, pending disposal of the Writ Petition and pass IA NO: 2 OF 2025 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 may be pleased to vacate the Interim suspensionsorders dated 18.03.2025 passed in I.A.No.1 of 2025 in W.P.No.5807 of 2025 and dismiss the Writ Petition and pass Counsel for the Petitioner: 3 VS,J W.P.No.5807 of 2025 1. BONU RAMA SHANKAR RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 4 VS,J W.P.No.5807 of 2025 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: <to issue a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings issued by the Revenue Divisional Officer, Chirala, the 5TH respondent herein vide R.C.F. 99/2025, dated 11.02.2025 suspending the Authorization of the petitioner herein as F.P. Shop Dealer without giving any opportunity and without conducting any enquiry as illegal, arbitrary to the provisions of A.P. State Public Distribution System Control Order - 2018 by setting aside the same and consequently suspend the proceedings issued by the 5TH respondent vide C.F. 99/2025, dated 11.02.2025 and allow the petitioner to distribute the essential commodities to the respective card holders attached to F.P. Shop No.0816037 in Venkatapuram Village, Addanki Mandal, Chirala Division, Bapatia District and pass= 2. The petitioner herein was appointed as a fair price shop dealer of shop No.0816037 of Venkatapuram village, Addanki mandal, Chirala division, Bapatla district in the year 2006 and ever since, she has been distributing essential commodities to the cardholders without there being any complaint from whomsoever concerned. 3. While the matter stood thus, the 6th respondent has inspected the petitioner’s fair price shop on 10.11.2024 and when the ground stock was compared with the register, a variation of (-)62 kilograms of PDS rice, (-)49 packets of sugar each weighing ½ kilograms and (-)12 kilograms of R.G. Dal was found. As such, he submitted a report to the 5th respondent recommending action against the petitioner, pursuant to which, the 5th 5 VS,J W.P.No.5807 of 2025 respondent issued a show cause notice dated 24.01.2025 calling for her explanation within seven days and accordingly, the petitioner submitted her explanation on 10.02.2025. Thereafter, vide impugned proceedings dated 11.02.2025, the 5th respondent suspended the authorization of the petitioner, pending enquiry. Aggrieved by the same, this writ petition is filed. 4. When the writ petition came up for hearing on 18.03.2025, this Court was pleased to suspend the operation of the proceedings issued by the 5th respondent dated 11.02.2025, initially for a period of eight weeks. 5. The 5th respondent has filed a detailed counter affidavit stating that pursuant to the inspection conducted by the 6th respondent, a show cause notice was issued to the petitioner on 24.01.2025 and on 30.01.2025, the petitioner sought a copy of the enquiry report which was also furnished to her. As the petitioner failed to submit her explanation pursuant to the show cause notice dated 24.01.2025, the 5th respondent issued another show cause notice on 05.02.2025 pursuant to which, the petitioner submitted her explanation on 10.02.2025 denying the allegations leveled against her. As a prima facie case was established against the petitioner, the 5th respondent suspended the petitioner’s authorization vide the impugned proceedings, pending enquiry, after duly following the procedure stipulated under law. Hence, requested to dismiss the writ petition. 6 VS,J W.P.No.5807 of 2025 6. Heard Sri. B. Rama Shankara Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 7. Perused the entire material available on record. It can be seen that pursuant to the inspection conducted by the 6th respondent over the petitioner’s fair price shop on 10.11.2024, the petitioner was issued a show cause notice on 24.01.2025 framing one charge against her and seeking her explanation. As no explanation was submitted, the petitioner was issued another show cause notice on 05.02.2025, to which, the petitioner submitted her explanation on 10.02.2025. Immediately, on the next day i.e., 11.02.2025, the 5th respondent issued the impugned proceedings, suspending the authorization of the petitioner. However, the operation of the impugned proceedings was suspended by this Court vide interim order dated 18.03.2025, initially for a period of only eight weeks. But, thereafter, though the interim order was not extended, the respondent authorities, for the reasons best known to them, have not concluded the enquiry against the petitioner within the stipulated period of 90 days. 8. In view of the same, instead of keeping the writ petition pending, this writ petition is disposed of directing the respondent authorities to conduct a detailed enquiry against the petitioner and pass appropriate orders thereupon, in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. However, as the petitioner was being continued 7 VS,J W.P.No.5807 of 2025 in pursuance of the interim order dated 18.03.2025, there shall be a direction to the respondents to continue the petitioner as fair price shop dealer of the subject fair price shop, till completion of the said enquiry. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. ____________________ JUSTICE V.SUJATHA 06.01.2026 Gss