Extracted from the PDF above. The PDF is authoritative.
APHC010500882024
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. RAYANI RAMANJAMMA, W/O. LATE VENKATESWARLU, AGED 65 YEARS, FP SHOP DELAR, SHOP. NO.0829035, R/O. GONUGUNTA VILLAGE, CHIMAKURTHY MANDAL, PRAKASAM DISTRICT
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, SUPPLIES, SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT
2. THE COLLECTOR AND DISTRICT MAGISTRATE, PRAKASAM DISTRICT, ONGOLE
3. THE COLLECTORCS, PRAKASAM DISTRICT, ONGOLE
4. THE REVENUE DIVISIONAL OFFICER, ONGOLE, PRAKASAM DISTRICT
5. THE TAHSILDAR, CHIMAKURTHY, PRAKASAM DISTRICT
6. THE ENFORCEMENT DEPUTY TAHSILDAR, ONGOLE PRAKASAM DISTRICT
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit
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: 26211/2024 RAYANI RAMANJAMMA, W/O. LATE VENKATESWARLU, AGED 65 YEARS, FP SHOP DELAR, SHOP. NO.0829035, R/O. GONUGUNTA VILLAGE, CHIMAKURTHY MANDAL, PRAKASAM DISTRICT ...PETITIONER AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, SUPPLIES, SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT THE COLLECTOR AND DISTRICT MAGISTRATE, PRAKASAM DISTRICT, ONGOLE THE COLLECTORCS, PRAKASAM DISTRICT, ONGOLE THE REVENUE DIVISIONAL OFFICER, ONGOLE, PRAKASAM THE TAHSILDAR, CHIMAKURTHY, PRAKASAM DISTRICT THE ENFORCEMENT DEPUTY TAHSILDAR, ONGOLE PRAKASAM 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 RC,J W.P.No.26211 of 2024 IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE FOURTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI RAYANI RAMANJAMMA, W/O. LATE VENKATESWARLU, AGED 65 YEARS, FP SHOP DELAR, SHOP. NO.0829035, R/O. GONUGUNTA VILLAGE, CHIMAKURTHY MANDAL, PRAKASAM DISTRICT ...PETITIONER THE STATE OF AP, REP.
BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES, SECRETARIAT AT VELAGAPUDI, AMARAVATHI, THE COLLECTOR AND DISTRICT MAGISTRATE, PRAKASAM THE COLLECTORCS, PRAKASAM DISTRICT, ONGOLE THE REVENUE DIVISIONAL OFFICER, ONGOLE, PRAKASAM THE TAHSILDAR, CHIMAKURTHY, PRAKASAM DISTRICT THE ENFORCEMENT DEPUTY TAHSILDAR, ONGOLE-1, ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the filed therewith, the High Court may be
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pleased tomay be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Mandamus, declaring the action of 4th Respondent-R.D.O., Ongole, who suspended the authorisation of Appellant through his proceedings, dated 30-10-2024 in Rc.No.1/3123/2024, is wholly illegal, arbitrary and which is contrary to the spirit of Judgement of this Honble Court in B.Manjula Vs. District Collector, Kurnool, reported in Law Summary, 2015(1) in Page-209 and also mandatory provisions of Control Orders and also violate of principals of natural justice and without jurisdiction and set aside the proceedings of 4th Respondent-R.D.O., Ongole dt.30-10- 2024 in Rc.No.1/3123/2024 and consequently to direct the respondents to continue the petitioner as FP Shop dealer. Shop No. 0829035 of Gonugunta Village, Chimakurthy Mandal, Prakasam District 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 stay the proceeding of orders of lerned R.D.O., Ongole(4 respondent), dated 30-10-2024 in Rc.No.I/3123/2024 and direct respondents Nos.4 and 5 to supply essential commodities to petitioners F.P. shop, pending disposal of the above Writ Petition and pass Counsel for the Petitioner:
1. Alapati Vivekananda 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 30.10.2024 passed by respondent no.4- Revenue Divisional Officer, vide Ref.No.I/3123/2024, suspending the petitioner’s authorization in respect of FP Shop No.0829035, Gonugunta Village, Chimakurthy Mandal, Prakasam District.
2. Heard Sri Alapati Vivekananda, learned counsel for the petitioner, and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies.
3. Sri Alapati Vivekananda, learned counsel, while reiterating the contents of the writ affidavit would contend that the authorities, alleging variations found in the ground stock and book balance, issued show cause notice and though an explanation was submitted, 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 irregularities in running F.P.shop, suspended the F.P.shop authorization of
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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 FP shop dealership authorization was suspended pending enquiry. This Court vide orders dated 18.11.2024, 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.
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:
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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 18.11.2024 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 DATE: 4th day of February, 2026
RR