Extracted from the PDF above. The PDF is authoritative.
APHC010477042025
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: 25063/2025 Between:
1. KALLI RAJA SEKHAR, S/O (LATE) LATCHAYYA . AGED 49 YRS, F.P. SHOP DEALER, NEELAPUPETA VILLAGE ,F.P. SHOP NO.0120018 , GARA MANDAL, NEELAPUPETA VILLAGE, SRIKAKULAM DISTRICT
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY (CIVIL SUPPLIES), SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE JOINT COLLECTOR, COLLECTOR OFFICE, SRIKAKULAM. 3. THE REVENUE DIVISIONAL OFFICER, R.D.O., OFFICE, SRIKAKULAM. ...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 or Order or Direction more particularly one in the nature of a Writ of Certiorari
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to Call for the records pertaining to the Impugned Proceedings vide R.C.No.1683 / 2025 CS Dt. 25.08.2025 passed by the 3rd Respondent Suspendiing the Petitioners Fair Price Shop No.0120018, Neelapupeta Village, Gara Mandal, Srikakulam District Pwithout following the procedure of law , all are Illegal, Unlawful, Violation of Andhra Pradesh Targetted Public Distribution System (Control) Order, 2018, Violation of Articie 14,19,21 of the Constitution of India,Consequently to Set-Aside the Impugned Order R.C.No.1683 / 2025 CS Dt. 25.08.2025 by Allowing the Writ Petition and to 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 Suspend the Impugned OrderR.C.No.1683 / 2025 CS Dt. 25.08.2025 passed by the 3rd Respondent there by to Restore the Petitioner's Fair Price Shop No.0120018 at Neelapupeta Village , Gara Mandal, Srikakulam District by supplying the Essential Commodities pending disposal of the main 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 petition, the High Court may be pleased Pleased to Dispense with filing of the Original Certified Copy of the Impugned Order R.C.No.l683 / 2025 CS Dt. 25.08.2025 passed by the 3rd Respondent pending disposal of the main Writ Petition and pass Counsel for the Petitioner:
1. RAVURI LEELA SAI SAMPATH Counsel for the Respondent(S):
1.
GP FOR CIVIL SUPPLIES
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The Court made the following ORDER:
The grievance of the petitioner is that the 3rd respondent- Revenue Divisional Officer by proceedings in R.C.No.1683 of 2025, dated 25.08.2025, suspended the petitioner’s dealership in respect of Fair Price Shop No.0120018, Neelapupeta Village, Gara Mandal, Srikakulam District, without following the due procedure contemplated under law. 2. Heard Sri Swaroop,
learned counsel representing Sri Ravuri Leela Sai Sampath, learned counsel for the petitioner, and Sri Vineeth Appasani, 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 3rd respondent has suspended the petitioner’s dealership without mentioning any period. He submits that the authority cannot suspend the petitioner’s authorization for indefinite period. Even otherwise, by virtue of Clause 8(4)(2) of the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018, the authorities have to conclude the enquiry within three (03) months. The said period has already lapsed. In the said circumstances,
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the petitioner’s authorization has to be restored. As such, prayed to pass appropriate orders protecting the interest of the petitioner. 4. Sri Appasani Vineeth, learned Assistant Government Pleader, justified the impugned order of suspension contending that the language in the Clause 8(4)(2) of the Control Orders, 2018, clearly says that the word preferably was used that does not mean that the enquiry should be completed in three months. He further submitted that as there are serious allegations attributed against the petitioner and to protect the interest of the card holders, the suspension orders have been passed. As such, the writ petition is merit less and deserves dismissal. 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. The writ petition is of the year 2025 however, no interim orders are passed. 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,
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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 are directed to conclude the enquiry within a period of two (02) months from the date of receipt of a copy of this order else the order of suspension shall be revoked.”
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: 30.01.2026 ANS
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225 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 25063/2025
Date: 30.01.2026 ANS