APHC010136622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 7199/2025 Between: 1. PULICHERLA ACHI REDDY, S/O. LATE PEDA NARAPA REDDY, AGE 45 YEARS, BOLLAPALLI VILLAGE AND MANDAL, PALNADU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES SECRETARIAT, AMARAVATHI. 2. THE DISTRICT COLLECTOR, NARASAROPET, PALNADU DISTRICT. 3. THE JOINT COLLECTOR, NARASARAOPET, PALNADU DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, NARASAROPET, PALNADU DISTRICT,. 5. THE TAHASILDAR, BOLLAPALLI BOLLAPALLI MANDAL, PALNADU 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 action of 4th respondent in issuing the suspension order through Rc.No. 308/2024-G dated 6.3.2025 without there being any valid reason, without considering the RC,J W.P No.7199 of 2025 2 petitioners explanation and without providing a personal' hearing as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(1)(g) of the Constitution of India and contrary to the Essential Commodities Act and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and consequently set aside the same by directing the respondents to continue the petitioner to hold Shop No. 0721032 of Bollapalli Village and Mandal, Palnadu District and to 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 leased to direct the respondents to continue the petitioner as F.P. shop Dealer and to supply essential commodities to the petitioner's fair Shop No. 0721032 of Bollapalli Village & Mandal, Palnadu District by suspending the proceedings of the 4„^ respondent in Rc.No. 308/2024-G dated 6.3.2025, pendipg disposal of the writ petition and to pass Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES RC,J W.P No.7199 of 2025 3 The Court made the following Order: Questioning the proceedings dated 06.03.2025 issued by the 4th respondent vide Rc.No.308/2024-G suspending the petitioner‟s authorization in respect of Fair Price Shop No.0721032 of Bollapalli Village and Mandal of Palnadu District, the present writ petition is filed. 2. Heard Smt.Marella Radha, learned counsel for the petitioner and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that, a show-cause notice dated 14.02.2025 has been issued to the petitioner by the 4th respondent alleging that he is not distributing the essential commodities to the cardholders. The said show cause notice was served on the petitioner on 28.02.2025, for which the petitioner submitted his explanation on 01.03.2025. However, the authorities, without considering the explanation, in a mechanical way, suspended the authorization of the petitioner‟s fair price shop without giving reasons, which is 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. He further submitted that if such order is allowed to subsist, it not only affects the rights of the petitioner, but his livelihood would also be affected, as such, filed the present writ petition. 1 2020(6) ALD 209 RC,J W.P No.7199 of 2025 4 He further submitted that this Court, on 24.03.2025, suspended the impugned order. 4. On the other hand, Sri Appasani Vineeth, learned Assistant Government Pleader, justified the impugned order of suspension contending that as the petitioner failed to distribute essential commodities to the cardholders, suspended the Fair Price shop authorization of the petitioner, pending enquiry, after following the procedure contemplated under law. He would further contend that there is neither illegality nor procedural irregularity while passing orders impugned. If at all, the petitioner has any grievance against the orders passed, the appeal lies to the Collector by virtue of Control Order, 2018. The writ petition is meritless, accordingly, prayed to dismiss the writ petition. 5. In reply, learned counsel for the petitioner submitted that when the order impugned is ex facie and it is in clear violation of principles of natural justice, no appeal needs to be filed and writ petition can be entertained. 6. Perused the record and considered the submissions made by the learned counsel for the parties. 7. The petitioner‟s fair price shop dealership authorization was suspended pending enquiry. This Court vide orders dated 24.03.2025, suspended the impugned orders. 8. Clause 8(4)(2) of the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018 mandates that the appointing authority shall RC,J W.P No.7199 of 2025 5 dispose the disciplinary case filed against the fair price shop dealers as early as possible, preferably within a period of three (3) months from the date of filing, keeping in view of the convenience of the cardholders and for smooth functioning of Targeted Public Distribution System. 9. It is fairly conceded by the learned Assistant Government Pleader that enquiry had not been completed so far. 10. In view of the above, without going into the merits of the matter, the writ petition can be disposed of with the following direction: “The authorities shall conclude the enquiry at an earliest. Till conclusion of enquiry, the interim orders passed by this Court on 24.03.205 shall continue”. 11. 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:30.01.2026 Ksj