APHC010518222025 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: 27393/2025 Between: 1. M DUGULAMMA, W/O. LATE PAPI REDDY, AGED ABOUT 75 YEARS, F.P SHOP DEALER OF F.P SHOP NO. 1148018, R/O. DEVARAVANDLA PALLI, CHINNAMANDAM MANDAL, RAYACHOTY 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 DISTRICT COLLECTOR, Y.S.R DISTRICT, KADAPA. 3. THE REVENUE DIVISIONAL OFFICER, RAYACHOTI DIVISION, ANNAMAYYA DISTRICT. THE TAHSILDAR, CHINNAMANDEM 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 may be pleased topleased to issue an appropriate 2 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 in Ref.No.D 1/1090/2025, dated Nil.09.2025 issued by the respondent No.3 suspending my authorization 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 continue my authorization for the subject shop 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 respondent No.3 to continue me as fair price shop dealer by suspending the proceedings in Ref.No.Dl/1090/2025, dated Nil.09.2025 issued by the respondent No.3 pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following ORDER: Questioning the proceedings of the 3rd respondent-Revenue Divisional Officer vide Rc.No.D1/1090/2025, dated Nil.09.2025, suspending the petitioner’s authorization in respect of Fair Price 3 Shop No.1148018, Deveravandlapalli Village, Chinnamandam Mandal, Annamayya District, the present writ petition is filed. 2. Heard Sri Papudippu Sashidhar, 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 originally, the petitioner’s husband was the permanent dealer of the Fair Price Shop No.1148018 and the petitioner is the nominee. After the death of the petitioner’s husband during Covid-19 period, the authorities permitted the petitioner, being the nominee, to run the shop and since then, she has been discharging duties without any complaint from any corner. While so, on allegations of stock variations during inspection of the Fair Price shop and also that the petitioner is running the shop through some person, a show cause notice has been issued. Pending enquiry, the authorization of the petitioner was placed under interim suspension without giving reasons and in violation of the orders passed by this Court in K.Prabhavathi vs. State of A.P.1, therefore, the impugned suspension order is 1 2020(6) ALD 209 4 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 stocks and that the petitioner is running the shop through some person, the authorization of the petitioner was placed under interim suspension, pending final enquiry, after following the procedure contemplated under law. He would further contend that as of now, no interim order has been passed in favour of the petitioner, and at this length of time, passing an interim order does not arise. However, a direction may be given to the authorities to dispose of the disciplinary enquiry pending against the petitioner. He submitted that he has no instructions whether any temporary dealer has been allotted in the place of the petitioner or not. 5. Perused the material available on record and considered the submissions made by learned counsel for the parties. 6. Admittedly, the petitioner, being a nominee, has been running the Fair Price Shop. On allegations of stock variations during inspection of the Fair Price shop and also that the 5 petitioner is running the shop through some person, a show cause notice has been issued, wherein the enquiry is pending. Pending enquiry, interim suspension has been passed and the same has been assailed. The learned Assistant Government Pleader submitted that he has no instructions whether any temporary dealer has been allotted in place of the petitioner or not. However, the provisions of the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018 stipulates that the enquiry has to be conducted preferably within three months and in the present case, the enquiry is pending consideration. 7. In view of the said circumstances, without going into the merits and demerits of the case, this Court is inclined to dispose of the writ petition by passing the following order: “The 3rd respondent-Revenue Divisional Officer is directed to complete the enquiry pursuant to the show cause notice dated 11.08.2025, as expeditiously as possible, but not later than two (02) months from the date of receipt of a copy of this order. If the enquiry is not completed within the time prescribed, the interim suspension order vide Rc.No.D1/1090/2025, dated Nil.09.2025, issued by the 3rd respondent, shall stand restored. 6 8. 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 7 202 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 27393/2025 Date: 30.01.2026 ANS