APHC010144032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 7644/2025 Between: 1. ONTERU KONDALA RAO, S/O KONDAIAH, AGED ABOUT 44 YEARS, OCCU FAIR PRICE SHOP DEALER SHOP NO.0981062, GIRIJANA COLONY, KAVALI TOWN, KAVALI MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPT. BY ITS PRINCIPAL SECRETARY FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 3. THE JOINT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT, 4. THE REVENUE DIVISIONAL OFFICER, KAVALI, SPSR NELLORE DISTRICT. 5. THE TAHSILDAR, KAVALI, SPSR NELLORE 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 a Writ of Mandamus or any other appropriate Writ, Order or declaring the orders passed by the Revenue Divisional Officer, Kavali, the 4th respondent herein, vide proceedings No.Rc.B. 132/2025 dt. 12.02.2025, suspending the petitioners authorization pending enquiry, without mentioning the period of suspension is bad, illegal, arbitrary, without jurisdiction, in violation of Principles of Natural justice and contrary to the provisions of the A.P State Targeted Public Distribution System (Control) Order, 2018 and set aside the same and consequently direct the respondent 2 to continue the petitioner as fair price shop dealer, attached to shop No.0981062, Kavali Town and Mandal, SPSR Nellore 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 direct the respondents to allow the petitioner to distribute the Essential Commodities through the MDU Operator to the respective card holders under Public Distribution System attached to Shop No.0981062, of Kavali Town and Mandal, SPSR Nellore District, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. GNANESWARA RAO MITTIREDDI Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER This writ petition is filed questioning the orders dated 12.02.2025 passed by respondent No.4 vide Rc.B.132/2025 suspending the petitioner’s authorization in respect of FP Shop No.0981062, Kavali Town and Mandal, SPSR Nellore District. 2. Heard Sri M.Gnaneswara Rao, learned counsel for the petitioner, and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies. 3. Sri M.Gnaneswara Rao, learned counsel, while reiterating the contents of the writ affidavit would contend that the authorities, alleging variations in the stock found during inspection of the FP shop and that the petitioner has not been residing in the subject village, issued show cause notice calling for explanation, for which the petitioner submitted a detailed 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 stocks and that the petitioner has not been living in the subject village, suspended the F.P.shop authorization of the petitioner, pending final 1. 2020(6) ALD 209 4 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 FP shop dealership authorization was suspended pending enquiry. This Court vide orders dated 25.03.2025, suspended the impugned order dated 12.02.2025 issued by the respondent No.4, for a period of four (04) weeks. 7. Clause 8(4)(2) of the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018 mandates that the appointing authority shall dispose thedisciplinary case filed against the fair price shop dealers as early aspossible, preferably within a period of three (3) months from the dateof filing, keeping in view of the convenience of the cardholders and forsmooth 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, the writ petition can be disposed of with the following direction: 5 “The authorities shall conclude the enquiry at an earliest. Till conclusion of enquiry, the interim orders passed by this Court on 25.03.2025 shall continue.” 10. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ________________________ JUSTICE RAVI CHEEMALAPATI 22.01.2026 TM/SCS 6 253 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 7644/2025 Date:- 22.01.2026 TM/SCS