APHC010167882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8703/2025 Between: 1. V DEVARAJU, S/O V. VENKATA RAMUDU, HINDU, AGED ABOUT 44 YEARS, OCC. FAIR PRICE SHOP DEALER SHOP NO. 1318030, SALKAPURAM VILLAGE KALLUR MANDAL, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE COLLECTOR CS/ JOINT COLLECTOR AND ADDITIONAL DISTRICT MAGISTRATE, KURNOOL, KURNOOL DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, KURNOOL, KURNOOL DISTRICT. 4. THE TAHSILDAR, KALLUR MANDAL, KURNOOL 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 to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the proceedings Rc.DT(LR) 295 /2025 dated 11.04.2025issued by the 3rd 2 respondent in suspending the Fair Price Shop Authorization of the petitioner in Shop 1318030 of Salkapuram Village, Kallur Mandal, Kurnool District as illegal, improper, unjust arbitrary, colorable exercise of power, without following the procedure, contrary to Andhra Pradesh state targeted public distribution system (Control) order, 2018 and violative of Articles 14 19 (1) (g) and 21 of the Constitution of India and further direct the respondents, permitting the petitioner to distribute the essential commodities to the card holders pass Prayer is amended as per the Court's Order dt.05.02.2026 in I.A.No.02 of 2025. 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 to stay the proceedings in Rc.DT(LR) 295 /2025 dated 11.04.2025 issued by the 3rd respondent duly permitting the petitioner to run the Fair Price Shop No. 1318030 of Salkapuram Village, Kallur Mandal, Kurnool District pending disposal of the writ petition and pass Prayer is amended as per the Court's Order dt.05.02.2026 in I.A.No.02 of 2025. 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 to amend the prayer challenging the proceedings in Rc.DT(LR) 295 /2025 dated 11.04.2025 issued by the 3rd respondent after the word subsisting in the writ prayer and pass IA NO: 1 OF 2026 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 to receive the counter copies on record by allowing the leave petition in the above writ petition and pass Counsel for the Petitioner: 1. MAHADEVA KANTHRIGALA Counsel for the Respondent(S): 3 1. GP FOR CIVIL SUPPLIES The Court made the following: ORDER: Questioning the proceedings dated 11.04.2025 issued by the 3rd respondent vide Rc.DT(LR)295/2025 suspending the petitioner’s authorization in respect of Fair Price Shop No.1318030, Salkapuram Village, Kallur Mandal, Kurnool District, the present writ petition is filed. 2. Heard Sri Mahadeva Kanthrigala, learned counsel for the petitioner and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies. 3. Learned counsel for the petitioner while reiterating the contents of the writ affidavit would contend that the authorities, alleging variations in the essential commodities 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 1 2020(6) ALD 209 4 authorities found variation in between fortified rice, 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 04.04.2025, suspending the impugned proceedings dated 25.03.2025 till further orders. By virtue of the same, the petitioner is continuing 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. 5 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: “The authorities shall conclude the enquiry at the earliest. Till conclusion of enquiry, the interim orders passed by this Court on 04.04.2025 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: 06th March, 2026 RKS