AVALA GOPALAKRISHNA v. The State of Andhra Pradesh
WP/14243/2024 · 2026-02-25
Ravi Cheemalapati
body2026
DailyLaw.ai
[ 2026 DAILYLAW 21325 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 21325 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010282612024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY,THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14243/2024 Between:
1. AVALA GOPALAKRISHNA, S/O SURYANARAYANA OCC BUSINESS, R/O.H NO 0-00,
DIGUVA VIDI, VENKATARAMANAPETA, SRUNGAVARAPUKOTA, S KOTA, VIZIANAGARAM, ANDHRA PRADESH, 53514
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.
2. THE JOINT COLLECTOR AND APPOINTING AUTHORITY, AND LICENCING AUTHORITY, VIZIANAGARAM DISTRICT.
3. THE REVENUE DIVISIONAL OFFICER, VIZIANAGARAM, VIZIANAGARAM DISTRICT.
4. THE TAHASILDAR, S.KOTA MANDAL
VIZIANAGARAM DISTRICT.
5. THE MANDAL PARSHAD DEVELOPMENT OFFICER, S.KOTA MANDAL VIZIANAGARAM DISTRICT
6. BURIDI SAMUEL, S/O. SANYASI RAO, OCC FAIR SHOP DEALER C/O. SHOP. NO. 0230168 S.KOTA, VIZIANAGARAM
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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, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent no.3 in issuing proceedings bearing S.R.No.612/2024/A 1 dated 15.06.2024 as illegal, arbitrary, in violation of principles of natural justice and consequently set aside the proceedings bearing S.R.No.612/2024/A 1 dated 15.06.2024 issued by 3rd respondent and pass such IA NO: 1 OF 2024 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 suspend the operation of proceedings bearing S.R.No.612/2024/A1 dated 15.06.2024 issued by 3rd respondent and permit the petitioner to continue as fair price shop dealer in respect of shop No. 0230155, S.Kota Village, Vizianagaram District as
directed in lA No. 1 of 2024 in WP.No. 11396 of 2024 dated 19.06.2024 pending disposal of the above writ petition and pass such 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 May be pleased to vacate the Interim Order dated 15.07.2024 in I.A. No. 1 of 2024 in W.P.No. 14243 of 2024 and dismiss the writ petition and pass Counsel for the Petitioner:
1. S SRIDHAR Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES
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ORDER:
Questioning the proceedings dated 15.06.2024 issued by the 3rd respondent vide S.R.No.612/2024/A1 suspending the petitioner’s authorization in respect of Fair Price Shop No.0230155 of S.Kota Village, the present writ petition is filed.
2. Heard Sri Akash, learned counsel representing Sri S.Sridhar,
learned counsel for the petitioner, appeared through virtual mode and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies for the respondents.
3.
Learned counsel for the petitioner while reiterating the contents of the writ affidavit would contend that the authorities, alleging violation of Election Code of Conduct by participating in political party rally, 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 Vineeth Appasani, learned Assistant Government Pleader, justified the impugned order of suspension contending that as the authorities found violation of Election Code of Conduct, suspended the authorization of the petitioner, pending final enquiry, after following the procedure contemplated under law. He would further contend that the
1 2020(6) ALD 209
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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 15.07.2024, suspended the impugned orders directing the respondents to continue the petitioner 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.
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 15.07.2024 shall continue.”
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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: 26th February, 2026 JLV
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THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 14243/2024
Date: 26th February, 2026 JLV