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2026 DAILYLAW 24630 (AP)

B SURYA MANGA DEVI v. THE STATE OF AP

WP/26222/2025 · 2026-01-27

Ravi Cheemalapati

body2026

Judgment text

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APHC010509532025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. B SURYA MANGA DEVI, W/O. SATYANARAYANA, AGED 57 YEARS, OCC FAIR PRICE SHOP DEALER R/O. DNO.4 PRATTIPADU VILLAGE, PRATTIPADU MANDAL, KAKINADA DISTRICT, AP PETITIONER 1. THE STATE OF AP, CONSUMER AFFAIRS, FOOD CIVIL SUPPLIES DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, AP 2. 2. THE COLLECTORCIVIL SUPPLIES, KAKINADA DISTRICT, ANDHRA PRADESH 3. 3. THE REVENUE DIVISIONAL OFFICER, KAKINADA DISTRICT, AP 4. THE TAHSILDAR, PRATTIPADU MANDAL, KAKINADA DISTRICT, AP 5 5. THE DEPUTY TAHISLDARCIVIL SUPPLIES, PRATTIPADU MANDAL, KAKINADA DISTRICT, AP 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 26222/2025 B SURYA MANGA DEVI, W/O. SATYANARAYANA, AGED 57 YEARS, OCC FAIR PRICE SHOP DEALER R/O. DNO.4-34, BIRREVEEDHI, PRATTIPADU VILLAGE, PRATTIPADU MANDAL, KAKINADA DISTRICT, AP PETITIONER ...PETITIONER AND THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY CONSUMER AFFAIRS, FOOD CIVIL SUPPLIES DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, AP THE COLLECTORCIVIL SUPPLIES, KAKINADA DISTRICT, ANDHRA THE REVENUE DIVISIONAL OFFICER, PEDDAPURAM DIVISION, KAKINADA DISTRICT, AP THE TAHSILDAR, PRATTIPADU MANDAL, KAKINADA DISTRICT, AP THE DEPUTY TAHISLDARCIVIL SUPPLIES, PRATTIPADU MANDAL, KAKINADA DISTRICT, AP ...RESPONDENT(S): RC,J W.P.No.26222 of 2025 IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI B SURYA MANGA DEVI, W/O. SATYANARAYANA, AGED 57 YEARS, 34, BIRREVEEDHI, PRATTIPADU VILLAGE, PRATTIPADU MANDAL, KAKINADA ...PETITIONER REP.BY ITS PRINCIPAL SECRETARY CONSUMER AFFAIRS, FOOD CIVIL SUPPLIES DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, AP THE COLLECTORCIVIL SUPPLIES, KAKINADA DISTRICT, ANDHRA PEDDAPURAM DIVISION, THE TAHSILDAR, PRATTIPADU MANDAL, KAKINADA DISTRICT, AP THE DEPUTY TAHISLDARCIVIL SUPPLIES, PRATTIPADU MANDAL, ...RESPONDENT(S): RC,J W.P.No.26222 of 2025 2 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, order or direction more particularly one in the nature of a writ of mandamus questioning the impugned proceedings Ref.A/622/2025 dt15-09-2025 issued by the 3RD respondent in suspending petitioners authorization of F.P.Shop(No.0410013) in Prattipadu Village, Prattipadu Mandal, Kakinada District, AP without following the due process of law is highly illegal, arbitrary exercise of power, violative of Principles of natural justice and violative of Art. 19 of the Constitution of India and consequently set aside the proceedings Ref.A/622/2025 dt15-09-2025 issued by the 3TRD respondent and 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 direct the Respondents to continue the petitioner as F.P. Shop Dealer of Shop (No.0410013) in Prattipadu Village, Prattipadu Mandal, Kakinada District, AP by supplying the essential commodities to the petitioner’s FP Shop pending disposal of the above writ petition and pasS Counsel for the Petitioner: 1. YASWANTH GADE Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: RC,J W.P.No.26222 of 2025 3 ORDER This writ petition is filed questioning the orders dated 15.09.2025 passed by respondent no.3 vide Rc.Cs.No.156/2025 suspending the petitioner’s authorization in respect of FP Shop No.0410013, Prattipadu Village, Prattipadu Mandal, Kakinada District. 2. Heard Sri G.Yaswanth, learned counsel for the petitioner, and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies. 3. Sri G.Yaswanth, learned counsel, while reiterating the contents of the writ affidavit would contend that respondent no.3, alleging variations in the ground stock found during inspection of the FP shop, without issuing show cause notice calling for explanation and without serving inspection report of respondent no.4, in a mechanical way, suspended the authorization of the petitioner without giving reasons and 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 having found that the petitioner contravened clauses of Andhra Pradesh State Public Distribution (control) order, 2008 and the conditions of the authorization issued under PDS (Control) Order, 2008, suspended the F.P.shop authorization of the petitioner, pending final enquiry, after following the RC,J W.P.No.26222 of 2025 4 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. 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: “The authorities shall conclude the enquiry within a period of three (03) months from the date of receipt of copy of this order. If enquiry is not completed within the above stipulated period, the impugned order of suspension shall stand revoked.” RC,J W.P.No.26222 of 2025 5 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: 28th day of January, 2026. RR