Extracted from the PDF above. The PDF is authoritative.
APHC010451092024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23149/2024 Between:
1. LAKKI SURESH, S/O L.SREENIVASULU AGE.39 YEARS, OCC F.P. SHOP DEALER OF SHOP NO.1331016, MADDUR VILLAGE PANYAM MANDAL, NANDYAL DIST
...PETITIONER AND
1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE JOINT COLLECTOR CS, NANDYAL TOWN, NANDYAL DIST. 3. THE REVENUE DIVISIONAL OFFICER, NANDYAL DIVISION, NANDYAL DIST. 4. THE TAHSILDAR, PANYAM MANDAL, NANDYAL DIST. 5. THE DEPUTY TAHSILDAR CS, NANDYAL MANDAL, NANDYAL DIST. 6. SMT G VENKATA LAKSHMI, W/O SUNIDHAR KUMAR REDDY AGE 35 YEARS, OCC MEMBER OF ANJANAMMAM GROUP, R/O KOTA VEEDHI MUDDURU VILLAGE, PANYAM MANDAL, NANDYAL DIST. 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 to issue Writ Order or 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/376/2024 dt.22-7-2024 suspending the petitioner's authorization in respect of the FP Shop No.1331016, Maddur Village, Panyam Mandal, Nandyal Dist., 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.22-7-2024 by directing the Respondents to continue petitioner as FP Shop dealer as usual 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 Suspend the impugned order passed by the 3rd respondent vide Rc.No./CS/376/2024 dt:22- 7-2024 in respect of FP Shop FP Shop No.1331016, Maddur Village, Panyam Mandal, Nandyal Dist., by continuing the petitioner as dealer as usual, pending disposal of the writ petition 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 to vacate the interim order dated 14.10.2024 in W.P.No.23149 of 2024 and dismiss the Writ Petition and pass such Counsel for the Petitioner:
1. M M M SRINIVASA RAO Counsel for the Respondent(S):
1.
GP FOR CIVIL SUPPLIES The Court made the following:
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ORDER:
Questioning the proceedings dated 22.07.2024 issued by the 3rd respondent vide Rc.No./CS/376/2024 suspending the petitioner’s authorization in respect of Fair Price Shop No.1331016, Maddur Village, Panyam Mandal, Nandyal District, the present writ petition is filed.
2. Heard Sri M.M.M.Srinivasa 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 ground balance of commodities found during inspection of the Fair Price shop, issued show cause notice dated 06.07.2024 which was signed on 22.07.2024 along with the suspension order dated 22.07.2024, and the same were served on the petitioner on 07.10.2024, 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 variation in ground balance of commodities, suspended the Fair Price shop authorization of the petitioner, pending final enquiry, after following the procedure contemplated under law. He would further
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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 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 (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 14.10.2024 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: 04th February, 2026
RKS