APHC010292872025 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: 14881/2025 Between: 1. MEDA KOTESWARA RAO, S/O. VENKATESWARLU, AGED ABOUT 68 YEARS, OCC F.P.SHOP DEALER, F.P.SHOP NO.0714003, R/O. HUSSAIN NAGARAM VILLAGE PEDAKURAPADU MANDAL, PALNADU DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY. FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS (CS-I) DEPT., A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, THULLURU MANDAL AMARAVATI, GUNTUR DISTRICT. 2. THE COLLECTOR CS, NARASARAOPETA, PALNADU DISTRICT, 3. THE REVENUE DIVISIONAL OFFICER, SATTENAPALLI, PALNADU DISTRICT. 4. THE TAHSILDAR, PEDAKURAPADU MANDAL PALNADU DISTRICT. 5. THE DEPUTY TAHSILDAR CIVIL SUPPLIES, PEDAKURAPADU MANDAL, PALNADU DISTRICT. ...RESPONDENT(S): 2 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 a Writ of mandamus or any other appropriate writ order to declare the action of the 3rd respondent in issuing Proceedings Vide Rc.No.1481/2025-C dated 23.04.2025, suspending the authorization of the petitioners Fair Price Shop for the Shop No. 0714003, Hussannagaram Village, Pedakurapadu Mandalam, Palnadu District, as illegal and arbitrary, of principles of natural Justice and contrary to the Provisions of the Essential Commodities Act and the Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018, by setting-aside the same and consequently direct the respondents nos. 2 to 5 to release the Essential Commodities to the petitioner for the F.P. Shop No. 0714003, Hussain Nagaram Village, Pedakurapadu Mandalam, Palnadu District 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 to direct the respondents to supply the essential commodities to the petitioner’s F.P. Shop No.0714003, Hussain Nagaram Village, Pedakurapadu Mandalam, Palnadu District, by continuing the Petitioner’s F.P. Shop authorization, pending disposal of the writ petition and to pass Counsel for the Petitioner: 1. RAJU GUBBALA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: Questioning the proceedings dated 23.04.2025 issued by the 3rd respondent vide Rc.No.1481/2025-C suspending the petitioner’s authorization in respect of Fair Price Shop No.0714003, Hussain Nagaram Village, Pedakurapadu Mandal, Palnadu District, the present writ petition is filed. 2. Heard Sri Raju Gubbala, 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 the fortified rice 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 between fortified rice, suspended the 1 2020(6) ALD 209 4 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 24.06.2025, 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: 5 “The authorities shall conclude the enquiry at an earliest. Till conclusion of enquiry, the interim orders passed by this Court on 24.06.2025 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