Extracted from the PDF above. The PDF is authoritative.
APHC010232792025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] SATURDAY,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 12493/2025 Between:
1. M. JYOTHI LAKSHMI, W/O.M. DHARANESWARA REDDY AGED ABOUT 44YEARS, OCC FAIR PRICE SHOP DEALER, R/O.
H.NO. 3/42, BC COLONY, LADDAGIRI VILLAGE KODUMUR MANDAL, KURNOOL DISTRICT
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS,FOOD AND CIVIL SUPPLIES, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT
2. THE COIIECTORCS, KURNOOL DISTRICT, KURNOOL
3. THE REVENUE DIVISIONAL OFFICER, KURNOOL, KURNOOL DISTRICT
4. THE TAHSILDHA, R, KODUMUR MANDAL KURNOOL DISTRIC
...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 action of the 3rd respondent in not concluding enquiry within the stipulated time Rc.DT(LR)/1465/2024, dated 10.12.2024, wherebyin suspension of
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petitioner authorization for Shop No. 1319030 of Laddagiri Village, Kodumur Mandal, Kurnool District is still continuing inspite of the orders passed by this Hon'ble Court in W.P No. 801/2025, dated 19.02.2025, as illegal, arbitrary and in flagrant disregard to law and consequently revoke the aforesaid impugned suspension order of the 3rd respondent 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. K NAGA PHANINDRA Counsel for the Respondent(S):
1. The Court made the following:
ORDER:
Questioning the proceedings dated 10.12.2024 issued by the 3rd respondent vide Rc.DT(LR)/1465/2024 suspending the petitioner’s authorization in respect of Fair Price Shop No.1319030, Laddagiri Village, Kodumur Mandal, Kurnool District, the present writ petition is filed.
2. Heard Sri K.Naga Phanindra, 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
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the stock 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 authorities found variation in stock, 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 07.05.2025, suspended the impugned orders renewing the authorization of the petitioner further directing the 3rd respondent to supply commodities to the petitioner’s Fair Price Shop.
1 2020(6) ALD 209
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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.
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 an earliest. Till conclusion of enquiry, the interim orders passed by this Court on 07.05.2025 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: 31st January, 2026
RKS