APHC010300552023 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. P RADHA KRISHNA MURTHY, S/O NARASIMHA RAO LATE AGE.44 YEARS, OCC. FP SHOP DEALER OF SHOP NO.0616053, P.NAINAVARAM VILLAGE VIJAYAWADA RURAL MANDAL NTR DIST. 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE COLLECTOR CS, NTR DIST., AT VIJAYAWADA. 3. THE SUB COLLECTOR, VIJAYAWADA, NTR DIST. 4. THE ASSIST SUPPLY OFFICER CIRCLEIII, GANDHINAGAR, VIJAYAWADA, NTR DIST. 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 W order in Rc.CS/974/2023 dt.5 suspending the Fair Price Shop authorization of the Petitioner in respect of the FP Shop No.0616053, P.Nainavaram Village Vijayawada Rural Mandal NTR 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15541/2023 P RADHA KRISHNA MURTHY, S/O NARASIMHA RAO LATE AGE.44 YEARS, OCC. FP SHOP DEALER OF SHOP NO.0616053, P.NAINAVARAM VILLAGE VIJAYAWADA RURAL MANDAL NTR ...PETITIONER AND THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR THE COLLECTOR CS, NTR DIST., AT VIJAYAWADA. THE SUB COLLECTOR, VIJAYAWADA, NTR DIST. THE ASSIST SUPPLY OFFICER CIRCLEIII, GANDHINAGAR, VIJAYAWADA, NTR 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 impugned order in Rc.CS/974/2023 dt.5-6-2023 passed by the 3rd respondent suspending the Fair Price Shop authorization of the Petitioner in respect of the FP Shop No.0616053, P.Nainavaram Village Vijayawada Rural Mandal NTR RC,J W.P.No.15541 of 2023 IN THE HIGH COURT OF ANDHRA PRADESH [3332] THURSDAY,THE TWENTY NINETH DAY OF JANUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI P RADHA KRISHNA MURTHY, S/O NARASIMHA RAO LATE AGE.44 YEARS, OCC. FP SHOP DEALER OF SHOP NO.0616053, P.NAINAVARAM VILLAGE VIJAYAWADA RURAL MANDAL NTR ...PETITIONER THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR THE ASSIST SUPPLY OFFICER CIRCLEIII, GANDHINAGAR, ...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 rit of Mandamus declaring the impugned 2023 passed by the 3rd respondent suspending the Fair Price Shop authorization of the Petitioner in respect of the FP Shop No.0616053, P.Nainavaram Village Vijayawada Rural Mandal NTR RC,J W.P.No.15541 of 2023 2 Dist., is illegal, arbitrary, malafideand contrary to provisions of AP State Targeted Public Distribution System (Control) Order,2018 apart from violation of the principles of natural justice by setting aside the same and consequentially direct the Respondents to revoke the suspension order and continue petitioner to run the FP Shop No.0616053, P.Nainavaram Village Vijayawada Rural Mandal NTR Dist, and pass IA NO: 1 OF 2023 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 Suspend the order passed by the 3rd respondent vide Rc.CS/974/2023 dt:5-6-2023 by continuing the petitioner as dealer as usual for the FP Shop No.0616053, P.Nainavaram Village, Vijayawada Rural Mandal NTR Dist., pending disposal of the writ petition. IA NO: 2 OF 2023 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 vacate the Interim order dated 05-07-2023 passed in IA.No. 1 of 2023 in WP.No. 15541 of 2023 and dismiss the writ petition and to pass 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: RC,J W.P.No.15541 of 2023 3 ORDER This writ petition is filed questioning the orders dated 05.06.2023 passed by respondent no.3 vide Rc.CS.No.974/2023 suspending the petitioner’s authorization in respect of FP Shop No.0616053, P.Nainavaram village, Vijayawada Rural Mandal, NTR District. 2. Heard Sri M.M.M.Srinivasa Rao, learned counsel for the petitioner, and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies. 3. Sri M.M.M.Srinivasa Rao, learned counsel, while reiterating the contents of the writ affidavit would contend that the authorities, even though there was no variation in the stock, issued show cause notice calling for explanation as well as suspension proceedings of even date and in a mechanical way without providing opportunity of submitting explanation and that too based on report under 6A of the EC Act but not based on any separate report as required under clause 20(i) of the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018, 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.P1., therefore, the impugned suspension order is liable to be set aside. Accordingly, prayed to allow the writ petition. 1. 2020(6) ALD 209 RC,J W.P.No.15541 of 2023 4 4. Sri Appasani Vineeth, learned Assistant Government Pleader, justified the impugned order of suspension contending that based on the statement of the driver of the vehicle intercepted by Vigilance & Enforcement Department, that he was purchasing PDS rice from cardholders, the inspected the shop of the petitioner and since found irregularities being committed by the petitioner, 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 05.07.2023, suspended the impugned orders directing the respondents to continue the petitioner as Fair Price Shop Dealer until further orders. The respondents did not file counter affidavit so far. 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 RC,J W.P.No.15541 of 2023 5 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, instead of keeping the writ petition pending inviting counter and without going into the merits, the writ petition can be disposed of with the following direction: “The authority shall conclude enquiry at an earliest. Till conclusion of enquiry by the authorities, the interim orders passed by this Court on 05.07.2023 shall continue.” 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 DATE: 29th day of January, 2026. RR