1 APHC010204572025 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: 10579/2025 Between: 1. NAMBURU MAHESH BABU, S/O ATCHA RAO, AGED 36 YEARS, OCC FAIR PRICE SHOP DEALER, R/O BANDLAMOTU VILLAGE, BOLLAPALLI MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIV-IL SUPPLIES DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, NARASARAOPET, PALNADU DISTRICT. 3. THE TAHSILDAR, SAVALYAPURAM MANDAL, PALNADU DISTRICT. 4. CHERUKURI MURALIDHAR RAO, DEPUTY TAHSILDAR (CS) VINUKONDA, VINUKONDA MANDAL, PALNADU 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 tomay be pleased to issue a Writ of Mandamus or any other appropriate Writ Order or direction, declaring the action of the respondents in not supplying Essential Commodities to petitioners Fair Price Shop No. 0721021 of Bandlamotu village of Bollapalli Mandal, Palnadu District and not allowing the petitioner to run his Fair Shop as illegal, arbitrary and violation of Article 21 of the Constitution of India and to direct the respondents to supply 2 Essential Commodities to my Fair Price Shop No. 0721021 of Bandlamotu village of Bollapalli Mandal forthwith and to pass 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 respondentsto allot essential commodities and permit the petitioner to run his Fair Price Shop No. 0721021 of Bandlamotu village of Bollapalli Mandal, Palnadu District, pending disposal of the above Writ Petition and pass such Counsel for the Petitioner: 1. D KRISHNA MURTHY Counsel for the Respondent(S): 1. MUTYALA SOBHANADRI NAIDU 2. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER This writ petition is filed questioning the action of the respondents in not supplying essential commodities to the subject Fair Price Shop No.0721021 of Bandlamotu Village of Bollapalli Mandal, Palnadu District and not allowing the petitioner to run his fair price shop. 2. Heard Sri D.Krishna Murthy, learned counsel for the petitioner, and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies. 3. Sri D.Krishna Murthy, learned counsel, while reiterating the contents of the writ affidavit would contend that the authorities alleging failure to distribute the stocks to the card holders and diversion of stocks into black market, 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 have found that the petitioner failed to distribute the stocks to the card holders 1. 2020(6) ALD 209 4 and found the fortified rice (in qtls) (-) 3.00, Sugar (-) 5 packets and MDM fortified rice(-) 138 kgs are in shortage and they are diverted into black market, 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 28.04.2025, directed the respondents to supply the essential commodities to the petitioner’s fair price shop No.0721021, Palnadu District. 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. 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, 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 respondents are directed to supply essential commodities to the petitioner’s Fair Price Shop No.0721021 of Palnadu District.” 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 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 10579/2025 Date:- 22.01.2026 TM/SCS