Smt.Cheemakurthi Pushpavathi v. State of Andhra Pradesh
WP/9451/2025 · 2026-01-20
Ravi Cheemalapati
body2026
DailyLaw.ai
[ 2026 DAILYLAW 20113 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20113 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010179572025
IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between:
1. SMT.CHEEMAKURTHI PUSHPAVATHI, W/O NAGISETTY AGE.50 YEARS, OCC FP SHOP DEALER OF SHOP NO. 1336030, JENNEPALLI VILLAGE SIRVEL MANDAL, NANDYAL DIST. 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE COLLECTOR CS, NANDYAL DIST., AT NANDYAL. 3. THE REVENUE DIVISIONAL OFFICER, NANDYAL DIVISION, NANDYAL DIST. 4. THE TAHSILDAR, SIRVEL MANDAL, NANDYAL DIST. 5. THE DEPUTY TAHSIL DIST. 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 Writ Order or Orders or a Direction more particularly one in the nature of 1
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 9451/2025 SMT.CHEEMAKURTHI PUSHPAVATHI, W/O NAGISETTY AGE.50 YEARS, OCC FP SHOP DEALER OF SHOP NO. 1336030, JENNEPALLI VILLAGE SIRVEL MANDAL, NANDYAL DIST. ...PETITIONER AND STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. THE COLLECTOR CS, NANDYAL DIST., AT NANDYAL. THE REVENUE DIVISIONAL OFFICER, NANDYAL DIVISION, THE TAHSILDAR, SIRVEL MANDAL, NANDYAL DIST. THE DEPUTY TAHSILDAR CS, ALLAGADDA MANDAL, NANDYAL ...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 Writ Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the impugned RC,J W.P.No.9451 of 2025 IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI SMT.CHEEMAKURTHI PUSHPAVATHI, W/O NAGISETTY AGE.50 YEARS, OCC FP SHOP DEALER OF SHOP NO. 1336030, JENNEPALLI VILLAGE SIRVEL MANDAL, NANDYAL DIST. ...PETITIONER STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, THE COLLECTOR CS, NANDYAL DIST., AT NANDYAL.
THE REVENUE DIVISIONAL OFFICER, NANDYAL DIVISION, DAR CS, ALLAGADDA MANDAL, NANDYAL ...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 Writ Order or Orders or a Direction more Writ of Mandamus declaring the impugned
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order issued by the 3rd respondent vide Rc.Cs.No. 156/2025 dt 25-2-2025 suspending the petitioner's authorization in respect of FP Shop No. 1336030, Jennepalli Village Sirvel Mandal, Nandyal Dist., without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order, 2018 is illegal, arbitrary malafide and contrary to provisions of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018 apart from violation of the principles of natural justice and consequentially set aside the impugned order dt 25-2-2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual, 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 Suspend the impugned order passed by the 3rd respondent vide Rc.Cs.No. 156/2025 dt:25-2-2025 in respect of FP Shop No. 1336030, Jennepalli Village Sirvel Mandal, Nandyal Dist., by continuing the petitioner as dealer as usual, pending disposal of the writ petition 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:
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ORDER
This writ petition is filed questioning the orders dated 25.02.2025 passed by respondent no.3 vide Rc.Cs.No.156/2025 suspending the petitioner’s authorization in respect of FP Shop No.1336030, Jennepalli Village, Sirvel Mandal, Nandyal District.
2. Heard Sri M.M.M.Srinivasa Rao, learned counsel for the petitioner, and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies.
3. Sri M.M.M.Srinivasa Rao, 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 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.
1. 2020(6) ALD 209
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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 and that the petitioner has not been living in the subject village, suspended the F.P.shop 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 FP shop dealership authorization was suspended pending enquiry. This Court vide orders dated 21.04.2025, suspended the impugned orders directing the respondents to continue the petitioner as Fair Price Shop Dealer until further orders.
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 (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.
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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:
“The authorities shall conclude the enquiry at an earliest. Till conclusion of enquiry, the interim orders passed by this Court on 21.04.2025 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 DATE: 21st day of January, 2026.
RR