APHC010114142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6049/2025 Between: 1. SHAIK SILAR SAHEB, S/O SHAIK SAHEB, AGED ABOUT 63 YEARS, OCC PERMANENT F.P. SHOP DEALER OF F.P. SHOP NO.0816002, DAMAVARI PALEM VILLAGE. ADDANKI TOWN, ADDANKI MANDAL, BAPATIA DISTRICT -522101, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, 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. 2 6. THE MANDAL TAHSILDAR, ADDANKI MANDAL, BAPATIA DISTRICT, 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 Rc.FI/100/2025, 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 Rc.H/100/2025, dated 11.02.2025 and allow the petitioner to distribute the essential commodities to the respective card holders attached to F.P. Shop No.0816002 in Damavari Palem Village, Addanki Town, Addanki Mandal, 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 Rc.H/100/2025, dated 11.02.2025 and allow the petitioner to distribute the essential commodities to the respective card holders attached to F.P. Shop No.0816002 in Damavari Palem Village, Addanki Town, Addanki Mandal, 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 Order dated on 12.03.2025 passed in I.A.No.1 OF 2025 in W.P.No.6049 of 2025 and dismiss the writ petition and to pass Counsel for the Petitioner: 3 1. BONU RAMA SHANKAR RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 4 ORDER: Questioning the proceedings dated 11.02.2025 issued by the 5th respondent vide Rc.H/100/2025 suspending the petitioner’s authorization in respect of Fair Price Shop No.0816002, Damavari Palem Village, Addanki Town and Mandal, Bapatla District, the present writ petition is filed. 2. Heard Sri Bonu Rama Shankara Rao, learned counsel for the petitioner and Sri Appasani Vineeth, 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 PDS rice and R.G.Dal 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 Appasani Vineeth, learned Assistant Government Pleader, justified the impugned order of suspension contending that as the authorities found variation in between fortified rice and R.G.Dal, 1 2020(6) ALD 209 5 suspended the 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. This Court vide orders dated 12.03.2025, suspended the impugned orders directing the respondents to continue the petitioner as Fair Price Shop Dealer. 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 shall conclude the enquiry at an earliest. Till conclusion of enquiry, the interim orders passed by this Court on 12.03.2025 shall continue.= 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: 28th January, 2026 JLV 7 283 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6049/2025 Date: 28th January, 2026 JLV