Extracted from the PDF above. The PDF is authoritative.
APHC010145102025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 7424/2025 Between: D Laxminarayana ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. M M M SRINIVASA RAO Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES The Court made the following order:
The present writ petition is filed challenging the proceedings vide Rc.No.CS/1087/2024 dated 25.02.2025 issued by the 3rd respondent wherein the petitioner’s authorization as Fair Price Shop dealer for Shop No.1338043 in Kothakandukur Village, Allagadda Mandal, Nandyal District, was suspended without following the procedure as contemplated under the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018.
2. Heard Sri MMM.Srinivasa Rao, learned counsel for the petitioner and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies.
3.
Learned counsel for the petitioner while re-iterating the contents of the affidavit contended that, basing on the inspection report of the deputy tahsildar, a show cause notice was issued to the petitioner on 26.12.2024 seeking explanation on the alleged ground of certain irregularities. He further submitted that, to the said show cause notice, the petitioner has submitted an explanation dated 06.01.2025 to the respondent authorities, however, without considering the same and conducting any enquiry, the 3rd respondent has issued impugned order dated 25.02.2025 suspending the petitioner’s authorization for fair price shop No. 1338043 for period of 90 days, even without hearing the petitioner. He further submitted that, this court, by way of interim order dated 24.03.2025, has protected the interest of the petitioner which was extended until further orders and by virtue of the said interim orders, the petitioner is still running the fair price shop. He further submitted that, although a year passed, the authorities have not concluded the enquiry nor filed any counter, as such prayed to dispose of the writ petition by treating the interim order as final order.
4. On the other hand, learned Assistant Government Pleader for Civil Supplies while justifying the orders of the 3rd respondent submitted that there is neither illegality nor procedural irregularity in passing impugned order. He further submitted that, in order to protect the interest of the cardholder, the
impugned order has been issued and further submitted that, in the event if this court inclines to interfere, a liberty may be given to the authority concerned to conclude the enquiry in stipulated period in accordance with law.
5. Perused the record and considered the submissions made by the
learned counsel for the parties.
6. The petitioner is a fair price shop dealer of Shop No.1338043 in Kothakandukur Village, Allagadda Mandal, Nandyal District. On the alleged ground of certain irregularities and basing on the report of the deputy tahsildar, a show cause notice dated 26.12.2024 was issued to the petitioner asking to submit explanation by framing charges. To the said show cause notice, the petitioner submitted explanation dated 06.01.2025. Now, the contention of the petitioner is that, the respondent authorities, without considering the same and without conducting any enquiry, issued the impugned order and thereby suspended the petitioner’s dealership for subject fair price shop for period of ninety(90) days.
9. However, the provisions of the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018, stipulates that the enquiry has to be conducted preferably within a period of three (03) months. It is brought to the notice of this Court that, so far, no enquiry was conducted. In view of the said circumstances, without going into the merits of the case, this Court is inclined to dispose of the writ petition with the following direction:
“The respondent authority concerned is directed to conclude the enquiry within stipulated period as per the Clause 8(4)(2) of the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018. Till then, interim suspension of impugned order dated 25.02.2025 shall continue”.
Accordingly, the Writ Petition is disposed of. No costs.
Miscellaneous applications, pending if any, shall stand closed.
___________________________
JUSTICE RAVI CHEEMALAPATI
BRS