Extracted from the PDF above. The PDF is authoritative.
APHC010151212025
IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between:
1. MOKA CHARAN RAJU, S/O SRIMANARAYANA, AGED ABOUT 40 YEARS, OCC FAIR SHOP DEALER OF SHOP NO. 0754022, ATCHYUTHAPURAM VILLAGE NIZAMAPATNAM MANDAL, BAPATIA DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR CS, ED BAPATLA DISTRICT AT BAPATLA. 3. THE REVENUE DIVISIONAL OFFICER AND SUBDIVISIONAL MAGISTRATE, , REPALLE, BA
4. THE CIVIL SUPPLIES FOOD INSPECTOR, REPALLE, BAPATLA DISTRICT. 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 to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in issuing the impugned order bearing Procs. Rc.No. 93/20256 2025 suspending the auth village, Narsipatnam Mandal, Bapatla District, without properly appreciating the explanation dt. 3-2-2025 submitted to the show cause notice dy. 10
1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8502/2025 MOKA CHARAN RAJU, S/O SRIMANARAYANA, AGED ABOUT 40 YEARS, OCC FAIR SHOP DEALER OF SHOP NO. 0754022, ATCHYUTHAPURAM VILLAGE NIZAMAPATNAM MANDAL, BAPATIA ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. THE DISTRICT COLLECTOR CS, ED BAPATLA DISTRICT AT THE REVENUE DIVISIONAL OFFICER AND SUBDIVISIONAL MAGISTRATE, , REPALLE, BAPATLA DISTRICT. THE CIVIL SUPPLIES FOOD INSPECTOR, REPALLE, BAPATLA ...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 issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in issuing the impugned order bearing Procs. Rc.No. 93/20256 2025 suspending the authorization of F.P.Shop No. 0754022, Atchyutapurarn village, Narsipatnam Mandal, Bapatla District, without properly appreciating 2025 submitted to the show cause notice dy.
10 RC,J W.P.No.8502 of 2026 IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI MOKA CHARAN RAJU, S/O SRIMANARAYANA, AGED ABOUT 40 YEARS, OCC FAIR SHOP DEALER OF SHOP NO. 0754022, ATCHYUTHAPURAM VILLAGE NIZAMAPATNAM MANDAL, BAPATIA ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. THE DISTRICT COLLECTOR CS, ED BAPATLA DISTRICT AT THE REVENUE DIVISIONAL OFFICER AND SUBDIVISIONAL THE CIVIL SUPPLIES FOOD INSPECTOR, REPALLE, BAPATLA ...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 issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in issuing the impugned order bearing Procs. Rc.No. 93/20256-C dt. 10-2- orization of F.P.Shop No. 0754022, Atchyutapurarn village, Narsipatnam Mandal, Bapatla District, without properly appreciating 2025 submitted to the show cause notice dy. 10-2-
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2025 bearing Rc.No. 93/2025-C, as being illegal, arbitrary, unilateral and unconstitutional and consequently set aside the same, and to grant such 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 may be pleased to direct the respondent authorities to continue as Fair Price Shop Dealer of Shop No. 0754022, Atchyutapuram village, Narsipatnam Mandal, Bapatla District, by suspending the impugned order bearing Procs. Rc.No. 93/20256-C dt. 10-2-2025, issued by the 3rd respondent, pending disposal of the main Writ Petition, and pass such Counsel for the Petitioner:
1. K JOSEPH Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES The Court made the following:
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ORDER
This writ petition is filed questioning the orders dated 10.02.2025 passed by respondent no.3 vide Rc.No.93/2025-C suspending the petitioner’s authorization in respect of FP Shop No.0754022, Atchyutapuram Village, Narsipatnam Mandal, Bapatla District.
2. Heard Sri K.Joseph, learned counsel for the petitioner, and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies.
3. Sri K.Joseph, learned counsel, while reiterating the contents of the writ affidavit would contend that the authorities, alleging variations in the ground 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, 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 ground stocks and book balance, suspended the F.P.shop authorization of the petitioner, pending final enquiry, after following the procedure contemplated under law. He would further contend
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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 10.04.2025, suspended the impugned orders till orders are passed in E.C.Act.C.No.05/2025/CS/BPT, dated 09.01.2025.
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:
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“The authorities shall conclude the enquiry at an earliest. Till conclusion of enquiry, the interim orders passed by this Court on 10.04.2025 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 18th February, 2026.
RR