Extracted from the PDF above. The PDF is authoritative.
APHC010429902024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 22206/2024 Between:
1. P. MADHAVI LATHA, W/O P. LAKSHMANNA AGED ABOUT 48 YEARS, F.P. NO. 1348025 CHINNA PODILIA VILLAGE, PEAPULLY MANDAL,
NANDYALA DISTRICT, ANDHRA PRADESH.
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP BY CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS.
2. THE JOINT COLLECTORCIVIL SUPPLIES, NANDYALA DISTRICT.
3. THE REVENUE DIVISIONAL OFFICER, (CIVIL SUPPLIES) DHONE, NANDYALA DISTRICT.
4. THE TAHASILDAR, (CIVIL SUPPLIES), PEAPULLY MANDAL, NANDYALA DISTRICT.
5. THE DEPUTY TAHASILDAR, (CIVIL SUPPLIES) DHONE ' MANDAL, NANDYALA 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
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may be pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent Rc.CS.391/2024 dated 27-08-2024 suspending the writ petitioners authorization for Fair Price Shop dealer for shop no. 1348025, Chinna Podilla village, Peapully Mandal without any valid reason as illegal, arbitrary and violation of principle of natural and consequently set aside the same and direct the respondents 2 to 4 to continue the writ petitioner as Fair Price Shop dealer for shop no. 1348025, Chinna Podilla village, Peapully Mandal 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 to direct the 3"^^ and 4th respondents to supply the stocks to the petitioner Fair Price Shop dealer for shop no. 1348025, Chinna Podilla village, Peapully Mandal pending disposal of the writ petitionand pas IA NO: 2 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 to vacate the interim order dated 19-10-2024 in WP.no. 22206 of 2024 and dismiss the writ petition and pass Counsel for the Petitioner:
1. K V RAGHU VEER Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES The Court made the following:
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ORDER:
Questioning the proceedings dated 27.08.2024 issued by the 3rd respondent vide Rc.CS.391/2024 suspending the petitioner’s authorization in respect of Fair Price Shop No.1348025, Chinna Podilla Village, Peapully Mandal, Nandyal District, the present writ petition is filed.
2. Heard Sri K.V.Raghuveer, 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 fortified rice found during inspection of the Fair Price shop, issued show cause notice, for which the petitioner submitted explanation, 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 fortified rice, suspended the authorization of
1 2020(6) ALD 209
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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 19.10.2024, suspended the impugned orders directing the respondents to continue the petitioner as Fair Price Shop Dealer.
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:
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“The authorities shall conclude the enquiry at an earliest. Till conclusion of enquiry, the interim orders passed by this Court on 19.10.2024 shall continue.”
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: 11th February, 2026
RKS