1 APHC010223332025 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: 11567/2025 Between: 1. DASARI CHINNA MADDILETY, S/O.D.SUBBANNA,AGED 75 YEARS, F.P.SHOP DEALER VIDE SHOP NO.1346011, R/O.H.NO.1-89-1, KOLIMIGUNDLA VILLAGE AND MANDAL, NANDYAL DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. A, A 3. A, A 4. THE COLLECTOR CIVIL SUPPLIES, NANDYAL DISTRICT, NANDYAL, AP., 5. THE REVENUE DIVISIONAL OFFICER, NANDYAL, NANDYAL DISTRICT, AP., 6. THETAHSILDAR, KOLIMIGUNDLA MANDAL, NANDYAL DISTRICT, AP., 7. THE DEPUTY TAHSILDAR CS, KOLIMIGUNDLA MANDAL, NANDYAL DISTRICT, AP. 2 ...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 an appropriate Order, Direction or Writ more particularly one in the nature of Writ of Mandamus, to declare the action of the respondent No.3 in suspending the authorization of the petitioner bearing Rc.No./CS/655/2024 Dated.26-09-2024 without giving any opportunity as illegal, arbitrary, unjust, in violation of Principles of Natural Justice and contrary to the provisions of A.P. State Targeted Public Distribution System Control Order, 2018 and consequently set aside same by directing the respondents to continue and allot Essential Commodities to the petitioner Fair Price Shop Shop No. 1346011 of Kolimigundla Village and Mandal, Nandyal District, Andhra Pradesh and pass 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 Counsel for the Petitioner: 1. D KASIM SAHEB Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER This writ petition is filed questioning the orders dated 26.09.2024 passed by respondent No.3 vide Rc.No.CS/655/2024 suspending the petitioner’s authorization in respect of FP Shop No.1346011, Kolimigundla Village and Mandal,Nandyal District. 2. Heard Sri D.Kasim Saheb, learned counsel for the petitioner, and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies. 3. Sri D.Kasim Saheb, 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 the dealer has indulged in malpractices in distribution of Essential Commodities to the cardholders under Public Distribution System, 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 1. 2020(6) ALD 209 4 found that there is a variation of (-) 370 Kgs of Fortified rice and the petitioner has indulged in malpractices in distribution of ECs to the card holders, 6-A proceedings were initiated against him immediately and 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 05.05.2025, suspended the impugned order dated 26.09.2024 issued by the respondent No.3. 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 impugned proceedings of the 3rd respondent, dated 26.09.2024 shall stand suspended and the respondents are directed to allot essential commodities to the petitioner.” 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: 11567/2025 Date:- 22.01.2026 TM/SCS