APHC010312082023 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. GOLIYA JAYALAKSHMI, W/O G. GUNNAIAH, AGED 50 YEARS, FP SHOP DEALER, R/O SILAGAM VILLAGE,. KAVITIA MANDAL, SRIKAKULAM DISTRICT 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, AMARAVATI 2. THE JOINT COLLECTOR, (CS), SRIKAKULAM SRIKAKULAM DISTRICT 3. THE REVENUE DIVISIONAL OFFICER, PALASA, SRIKAKULAM DISTRICT 4. THE TAHSILDHAR, KAVITI, KAVITI MANDAL, SRIKAKULAM DISTRICT 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 a writ in the nature of a writ of mandamus or any other appropriate writ, di respondent NO.3 herein is suspended the petitioner's authorization by order dt.23-02- 2023 in SR NO.01/2023 with reference to the FP Shop 0136026, 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: 16352/2023 GOLIYA JAYALAKSHMI, W/O G. GUNNAIAH, AGED 50 YEARS, FP SHOP DEALER, R/O SILAGAM VILLAGE,. KAVITIA MANDAL, SRIKAKULAM DISTRICT ...PETITIONER AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, THE JOINT COLLECTOR, (CS), SRIKAKULAM SRIKAKULAM THE REVENUE DIVISIONAL OFFICER, PALASA, SRIKAKULAM THE TAHSILDHAR, KAVITI, KAVITI MANDAL, SRIKAKULAM ...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 a writ in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondent NO.3 herein is suspended the petitioner's authorization by order 2023 in SR NO.01/2023 with reference to the FP Shop 0136026, RC,J W.P.No.16352 of 2023 IN THE HIGH COURT OF ANDHRA PRADESH [3332] THURSDAY,THE TWENTY NINETH DAY OF JANUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI GOLIYA JAYALAKSHMI, W/O G. GUNNAIAH, AGED 50 YEARS, FP SHOP DEALER, R/O SILAGAM VILLAGE,. KAVITIA MANDAL, ...PETITIONER THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SECRETARIAT, VELAGAPUDI, THE JOINT COLLECTOR, (CS), SRIKAKULAM SRIKAKULAM THE REVENUE DIVISIONAL OFFICER, PALASA, SRIKAKULAM THE TAHSILDHAR, KAVITI, KAVITI MANDAL, SRIKAKULAM ...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 a writ in the nature of a writ of mandamus or any rection, order or orders declaring the action of the respondent NO.3 herein is suspended the petitioner's authorization by order 2023 in SR NO.01/2023 with reference to the FP Shop 0136026, RC,J W.P.No.16352 of 2023 2 Silagam-2 village, Kaviti Mandal, Srikakulam District without considering her detailed explanation dt.13-02-2023 to the show cause notice dt.25-01-2023 as wholly arbitrary, illegal. without jurisdiction and void and violated the principles of natural justice and affected her rights guaranteed under article 14, 19(1)(g), 21 and 300(A) of the Constitution of India and consequently, set aside the order passed by the 3rd respondent herein vide Proceedings in SR.NO.01/2023, CS, dt.23-02-2023 with reference to the F.P.Shop No.0136026 of Silagam-2 village of Kaviti Mandal, by permit the petitioner to supply the essential commodities to the card holders of the village 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 to suspend the orders vide proceedings in SR.No.01/2023 CS Dt.23- 02-2023 in F.No.55-3/2020 passed by the 3rd respondent herein with reference to the FP shop bearing NO.136026 of Silagam-2 village, Kaviti Mandal, Srikakulam District by permit the petitioner to supply the essential commodities to the card holders of the villages pending disposal of the writ petition 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 vacate the interim order dated 11-07-2023 passed in WP No. 16352 of 2023 and dismiss the writ petition and pass Counsel for the Petitioner: 1. GNANESWARA RAO MITTIREDDI Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: RC,J W.P.No.16352 of 2023 3 ORDER This writ petition is filed questioning the orders dated 23.02.2023 passed by respondent no.3 vide SR No.01/2023 suspending the petitioner’s authorization in respect of FP Shop No.0136026, Silagam-2 Village, Kaviti Mandal, Srikakulam District. 2. Heard Sri Gnaneswara Rao Mittireddi, learned counsel for the petitioner, and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies. 3. Sri Gnaneswara Rao Mittireddi, learned counsel, while reiterating the contents of the writ affidavit would contend that the authorities, alleging variations in the ground stock found during inspection of the FP shop, issued show cause notice calling for explanation, for which the petitioner submitted a detailed explanation, however, the authorities, without considering the explanation, in a mechanical way, suspended the authorization of the petitioner without giving reasons and 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 ground stocks and book balance, suspended the F.P.shop authorization of the petitioner, pending final enquiry, after following the procedure contemplated under law. He would further contend RC,J W.P.No.16352 of 2023 4 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 11.07.2023, suspended the impugned orders. 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 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, the writ petition can be disposed of with the following direction: “The authorities shall conclude the enquiry at an earliest. Till conclusion of enquiry, the petitioner shall be continued as F.P.Shop dealer of FP Shop No.0136026.” RC,J W.P.No.16352 of 2023 5 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