APHC010345402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 17768/2025 Between: 1. ALLU SIMHACHALAM, S/O LATE YERRAYYA, AGED ABOUT 43 YEARS, OCC. F.P.SHOP DEALER, F.P.SHOP NO.0129003, RESIDENT OF SANTABOMMALI-LLL, SANTABOMMALI MANDAI, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS (CS-I) DEPT., SECRETARIAT BUILDINGS, VELAGAPUDI,AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SRIKAULAM, SRIKAKULAM DISTRICT. 3. THE JOINT COLLECTOR, SRIKAULAM, SRIKAKULAM DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, TEKKALI, SRIKAKULAM DISTRICT. 5. THE TAHSILDAR, SANTHABOMMALI MANDAI, 2 SRIKAKULAM DISTRICT. ...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 of Mandamus or any other appropriate Writ,Order or direction declaring the order passed by the Revenue Divisional Officer, Tekkali, Srikakulam District, the 4th Respondent herein, in Rc.No.713/2025/F dt.30.06.2025, wherein kept under suspension of the petitioner's authorization, until further orders, without issuing any notice or opportunity, without conducting any enquiry, as illegal arbitrary, without jurisdiction, in violation of principles of Natural Justice and contrary to the provisions of A.P State Targeted Public Distribution System (Control) Order, 2018, and set aside the same and further direct the respondents to continue the petitioner as fair price shop dealer in Shop No.0129003 of Santhabommali-lll village, Santhabommali Mandal, Srikakulam 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 pleased to direct the respondents to allow the petitioner to distribute the same to the respective card holders under Public Distribution System, in Shop No.0129003, of Santhabommali-lll village.Santhabommali Mandal, Srikakulam District, by suspending the operation of the order passed by the Revenue Divisional Officer, Tekkali,Srikakulam District, the 4th respondent, vide proceedings in Rc.No.713/2025/F dt.30.06.2025, pending disposal of the above writ petition and pass IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the 3 petition, the High Court may be pleased may be pleased to Vacate the Interim Order dated : 16.07.2025 passed in I.A.N0.1 OF 2025 in W.P.No.17768 of 2025 and dismiss the writ petition and to pass Counsel for the Petitioner: 1. GNANESWARA RAO MITTIREDDI Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following ORDER: Questioning the proceedings vide Rc.No.713/2025/F, dated 30.06.2025, issued by the 4th respondent-Revenue Divisional Officer, suspending the petitioner’s authorization in respect of Fair Price Shop No.0129003, Santabommali-III Village, Santabommali Mandal, Srikakulam District, the present writ petition is filed. 2. Heard Sri M. Gnaneswara Rao, 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 PDS fortified rice and PDS sugar excess found during inspection of the Fair Price shop, issued show cause notice, for which the petitioner submitted explanation, 4 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 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 16.07.2025, suspended the impugned orders. 1 2020(6) ALD 209 5 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 16.07.2025 shall continue.” 10. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending consideration, if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 30.01.2026 ANS 6 221 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 17768/2025 Date: 30.01.2026 ANS