APHC010298162024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14888/2024 Between: 1. NALLAGANDLA NEMILAIAH, S/O RANGAIAH AGE 70 YEARS, OCC FP SHOP DEALER OF SHOP NO.0836021, GADIKOTA VILLAGE GIDDALUR MANDAL, PRAKASAM DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE COLLECTOR CS, PRAKASAM DIST., AT ONGOLE,. 3. THE SUB COLLECTOR, MARKAPUR DIVISION, PRAKASAM DIST. 4. THE TAHSILDAR, GIDDALUR MANDAL, PRAKASAM DIST. ...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 Writ Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3 rd respondent in not conducting enquiry within stipulated period of 90 days and continuing to place the petitioner under suspension for indefinite time vide Rc.C/386/2024 dt 30-3-2024 in respect of the FP.Shop No.0836021, Gadikota Village, Giddalur Mandal, 2 Prakasam Dist., contrary to the orders passed by this Honourable Court in Boya Dasthagiramma vs The State of Andhra Pradesh and ors and without following the procedure Public Distribution System as contemplated under AP State Targeted (Control) Order,2018 as illegal, arbitrary, and violative of principles of natural justice and consequently revoke the suspension order dt 30-3-2024 by directing the respondents to release Essential Commodities in favour of the petitioner as usual and pass 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 pleased to Suspend the impugned order passed by the 3rd respondent vide Rc.C/386/2024 dt 30-3-2024 in respect of FP Shop No.0836021, Gadikota Village, Giddalur Mandal, Prakasam Dist., by continuing the petitioner as dealer as usual, pending disposal of the writ petition. Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: Questioning the proceedings dated 30.03.2024 issued by the 3rd respondent vide Rc.No.C/386/2024 suspending the petitioner’s authorization in respect of Fair Price Shop No.0836021, Gadikota Village, Giddalur Mandal, Prakasam District, the present writ petition is filed. 2. Heard Sri M.M.M.Srinivasa Rao, learned counsel for the petitioner and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies appearing 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 the Model Code of Conduct by participating in the program of offering floral tributes to the statue of Mahatma Gandhi on 28.03.2024 at Gandhi Bomma Center in Giddalur, along with political leaders, 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 Model Code of Conduct, suspended the authorization of 1 2020(6) ALD 209 4 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 12.07.2024, 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: 5 <The authorities shall conclude the enquiry at an earliest. Till conclusion of enquiry, the interim orders passed by this Court on 12.07.2025 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: 28th January, 2026 JLV 6 274 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14888/2024 Date: 28th January, 2026 JLV