Extracted from the PDF above. The PDF is authoritative.
APHC010433972024
IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between:
1. P MALLIKARJUNA, S/O. RAMAIAH, AGED ABOUT 45 YEARS, OCC. PERMANENT DEALER OF THE FAIR PRICE SHOP DEALER OF SHOP NO.1147001, SUDDALAVANDLAPALLE VILLAGE, SAMBEPALLI MANDAL, ANNAMAYYA DISTRICT
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, ANNAMAYYA DISTRICT, ANNAMAYYA. 3. THE REVENUE DIVISIONAL OFFICER, RAYACHOTI, ANNAMAYYA DISTRICT,
4. THE TAHSILDAR, SAMBEPALLI MANDAL, ANNAMAYYA DISTRICT. 5. THE DEPUTY TAHSILDAR, CIVIL SUPPLIES, LAKKIREDDI PALLI MANDAL, ANNAMAYYA 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 tomay be pleased to issue an appropriate Writ, Order or direction under Article 226 of constitution of India more particularly one in the nature of
1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 22045/2024 P MALLIKARJUNA, S/O. RAMAIAH, AGED ABOUT 45 YEARS, OCC. PERMANENT DEALER OF THE FAIR PRICE SHOP DEALER OF SHOP NO.1147001, SUDDALAVANDLAPALLE VILLAGE, SAMBEPALLI MANDAL, ANNAMAYYA DISTRICT ...PETITIONER AND AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. THE JOINT COLLECTOR, ANNAMAYYA DISTRICT, ANNAMAYYA. THE REVENUE DIVISIONAL OFFICER, RAYACHOTI, ANNAMAYYA THE TAHSILDAR, SAMBEPALLI MANDAL, ANNAMAYYA DISTRICT. THE DEPUTY TAHSILDAR, CIVIL SUPPLIES, LAKKIREDDI PALLI MANDAL, ANNAMAYYA 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 tomay be pleased to issue an appropriate Writ, Order or direction under Article 226 of constitution of India more particularly one in the nature of RC,J W.P.No.22045 of 2024 IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE FOURTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI P MALLIKARJUNA, S/O. RAMAIAH, AGED ABOUT 45 YEARS, OCC. PERMANENT DEALER OF THE FAIR PRICE SHOP DEALER OF SHOP NO.1147001, SUDDALAVANDLAPALLE VILLAGE, ...PETITIONER AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT THE JOINT COLLECTOR, ANNAMAYYA DISTRICT, ANNAMAYYA. THE REVENUE DIVISIONAL OFFICER, RAYACHOTI, ANNAMAYYA THE TAHSILDAR, SAMBEPALLI MANDAL, ANNAMAYYA DISTRICT.
THE DEPUTY TAHSILDAR, CIVIL SUPPLIES, LAKKIREDDI PALLI ...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 tomay be pleased to issue an appropriate Writ, Order or direction under Article 226 of constitution of India more particularly one in the nature of
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Writ of Mandamus declaring the proceedings in Ref.No.C/709/2024, dated 04.09.2024 issued by respondent No.3 and the consequential show cause notice, dated 04.09.2024 issued based on the reports submitted by the respondent No.3 as arbitrary and illegal, contrary objectives of the provisions of the Andhra Pradesh State Targeted Public Distribution System (Control) Orders, 2018 and contrary to the well-established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to me under Articles 21 and 300-A of the Constitution of India and consequently set aside the same 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 may be pleased to continue me as the Fair Price Shop dealer by granting stay of all further proceedings inpursuance of the proceedings in Ref No C/709/2024 dt 04.09.2024 issued by the respondent No.3 and consequential show cause notice, dated 04.09.2024 issued by him, pending disposal of the above Writ Petition and pass Counsel for the Petitioner:
1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES The Court made the following:
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ORDER
This writ petition is filed questioning the orders dated 04.09.2024 passed by respondent no.3 vide Ref.No.C/709/2024 suspending the petitioner’s authorization in respect of FP Shop No.1147001, Gopagudipalli Village, Ramapuram Mandal, Annamayya District.
2. Heard Sri Papudippu Sashidhar Reddy, learned counsel for the petitioner, and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies.
3. Sri Papudippu Sashidhar Reddy, 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 and that the dealer had been supplying less quantity of stock and collecting excess amount, 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 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
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variation in between ground stocks and book balance and that the petitioner had been supplying less quantity of essential commodities and that he has been collecting excess amount, suspended the F.P.shop 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 FP shop dealership authorization was suspended pending enquiry. This Court vide orders dated 14.10.2024, 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.
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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 interim orders passed by this Court on 14.10.2024 shall continue.”
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 04th day of February, 2026.
RR