Extracted from the PDF above. The PDF is authoritative.
APHC010345172025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 17692/2025 Between:
1. R VENKATA RAMUDU, S/O VENGANNA AGE46 YEARS, OCC FP SHOP DEALER FOR SHOP NO.1339019, TODENDLAPALLI VILLAGE CHAGALAMARRI RURAL MANDAL, NANDYAL DIST.
...PETITIONER AND
1. THE STATE OF AP, REP.BY ITS PRINCIPLE SECRETARY
CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST.
2. THE COLLECTOR CS, NANDYAL DIST., AT NANDYAL.
3. THE REVENUE DIVISIONAL OFFICER, NANDYAL DIVISION, NANDYAL DIST.
4. THE TAHSILDAR, CHAGALAMARRI MANDAL, NANDYAL 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
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Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the 3RD respondent vide Rc.No.CS/846/2025 dt 26-5-2025 suspending the petitioner's authorization in respect of the FP Shop No. 1339019, Todendlapalli Village Chagalamarri Rural Mandal, Nandyal Dist., without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order, 2018 is illegal, arbitrary malafide and contrary to provisions of Andhra Pradesh State Targetted Public Distribution System (Control)
Order, 2018 apart from violation of the principles of natural justice and consequentially set aside the impugned order dt 26-5- 2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual, 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 pleased Suspend the impugned order passed by the 3RD respondent vide Rc.No.CS/846/2025 dt:26- 5-2025 in respect of FP Shop No.1339019, Todendlapalli Village Chagalamarri Rural Mandal, Nandyal 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
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The Court made the following ORDER:
Challenging the proceedings dated 26.05.2025, issued by the 3rd respondent (Joint-Collector), wherein the petitioner’s authorization as a Fair Price Shop dealer is suspended, the present writ petition is filed.
2. Heard Sri M.M.M. Srinivasa, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies.
3.
Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the petitioner was appointed as the permanent Fair Price Shop dealer for the Shop No.1339019 situated in Todendlapalli Village, Chagalamarri Rural Mandal, Nandyal District and has been discharging duties without any complaint from any quarter. He further submitted that the 4th respondent-Tahsildar, upon conducting an inspection on 23.12.2024, though found no significant variation in stocks, the authorities have framed frivolous charges against the petitioner and issued panchanama. Based on the said report, the 3rd respondent-Revenue Divisional Officer issued show-cause notice
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dated 22.01.2025 to the petitioner inviting explanation, for which the petitioner submitted explanation on 27.01.2025. He further submitted that without considering the said explanation, without affording any personal hearing and without conducting proper enquiry, the Joint-Collector (3rd respondent) had issued the impugned proceedings dated 26.05.2025 suspending the authorization of the petitioner as a Fair Price Shop dealer. He further submitted that this Court, in order to protect the interest of the petitioner, has ordered an interim stay of impugned proceedings on 15.07.2025. Accordingly, prayed to pass appropriate orders treating the interim orders as final orders. 4. Sri Appasani Vineeth, learned Assistant Government Pleader, justified the impugned order of suspension contending that as the authorities found variation in stock, suspended the 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
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 15.07.2025, suspended the impugned orders issued by the 3rd respondent. 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 15.07.2025 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: 27.01.2026 ANS
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304 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 17692/2025 Date: 27.01.2026 ANS