APHC010372692025 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: 19211/2025 Between: 1. SINGAMSETTY YASODHA, W/O RAJAMANNAR AGED ABOUT 57 YEARS, OCC F.P.SHOP DEALER F.P.SHOP NO.0982050, NELLORE TOWN, NELLORE URBAN MANDAL, SPS NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS (CS-I) DEPT., SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SPS NELLORE, SPS NELLORE DISTRICT. 3. THE JOINT COLLECTOR, SPS NELLORE, SPS NELLORE DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, NELLORE, SPS NELLORE DISTRICT. 5. THE TAHSILDAR, NELLORE URBAN MANDAL SPS NELLORE DISTRICT. 2 ...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 or order or direction more particularly one in the nature of WRIT of MANDAMUS declaring the order passed by the Revenue Divisional Officer, Nellore, SPS Nellore District, the 4th Respondent herein, in Rc.H.963/2025, dt.14.07.2025, wherein kept under suspension of the petitioner's authorization, 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 attached to Shop No.0982050 of Nellore Town, of Nellore Urban Mandal, SPS Nellore 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, attached to Shop No.0982050, of Nellore Town, Nellore Urban Mandal, SPS Nellore District by suspending the operation of the order passed by the Revenue Divisional Officer, Nellore, SPS Nellore District, the 4th respondent, vide proceedings in Rc.H.963/2025, dt.14.07.2025, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. GNANESWARA RAO MITTIREDDI Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 The Court made the following ORDER: Questioning the proceedings vide Rc.H.963/2025, dated 14.07.2025, issued by the 4th respondent-Revenue Divisional Officer, suspending the petitioner’s authorization in respect of Fair Price Shop No.0982050, Nellore Town, Nellore Urban Mandal, SPS Nellore 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 though the authorities did not find any variations in the stocks during the inspection of the Fair Price shop, issued a show cause notice dated 11.07.2025 on the ground that the petitioner was not present at the time of inspection and that the commodities were being distributed by a third party. The petitioner submitted explanation, in response to the said notice, 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 4 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 petitioner was not present at the time of inspection and that the commodities were being distributed by a third party, which is a clear violation of clause 12(a) of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, 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 28.07.2025, suspended the impugned orders. 7. Clause 8(4)(2) of the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018, mandates that the 1 2020(6) ALD 209 5 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 28.07.2025 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 6 223 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 19211/2025 Date: 30.01.2026 ANS