APHC010488382024 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: 25067/2024 Between: 1. M SIVA MALLAPA, S/O.M.NAIDU, AGED ABOUT 50 YEARS, OCC. DEALER OF THE FAIR PRICE SHOP DEALER OF SHOP NO.1136001,L.R PALLI MANDAL, ANNAMAYYA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS,VELAGAPUDI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, ANNAMAYYA DISTRICT, RAYACHOTY 3. THE REVENUE DIVISIONAL OFFICER, RAYACHOTY, ANNAMAYYA DISTRICT, 4. THE TAHSILDAR, LAKKIREDDI PALLI MANDAL, ANNAMAYYA DISTRICT. 5. THE DEPUTY TAHSILDAR, CIVIL SUPPLIES, M.L.S POINT, L.R 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 2 may be pleased to issue an appropriate Writ, Order or direction under Article 226 of constitution of India more particularly one in the nature of Writ of Mandamus declaring the proceedings in Ref No.C/869/2024, dated 23.10.2024 issued by the respondent No.3 and the consequential show cause notice, dated 23.10.2024 issued by him 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 such 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 issue a direction to continue me as the fair price shop dealer by suspending the proceedings in in Ref No.C/869/2024, dated 23.10.2024 issued by the respondent No.3 and the consequential show cause notice, dated 23.10.2024 issued by him, pending disposal of the above Writ Petition and pass such Counsel for the Petitioner: 1. Sudharsana Reddy J Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: ORDER: Questioning the proceedings dated 23.10.2024 issued by the 3rd respondent vide Ref.No.C/869/2024 suspending the petitioner’s authorization in respect of Fair Price Shop No.1136001, Chencharlapalli H/o B.Yerragudipalli Village, Lakkireddipalli Mandal, Annamayya District, the present writ petition is filed. 3 2. Heard Sri P.Sasidhar Reddy, learned counsel representing Sri Jalla Sudharshan Reddy, 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, without giving time to submit explanation, in a mechanical way, issued impugned proceedings and show cause notice, suspending the authorization of the petitioner without giving reasons. However, he is restricting his relief to the extent of directing the respondents to conclude the enquiry within a stipulated period. Accordingly, prayed to pass appropriate orders. 4. Sri Appasani Vineeth, learned Assistant Government Pleader, reported no objection to the said submission and fairly conceded that the enquiry is not completed so far. 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 2024 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 4 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. In view of the above, without going into the merits of the matter, as the petitioner has restricted his relief, 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.= 9. 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