Extracted from the PDF above. The PDF is authoritative.
APHC010517712024
IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between:
1. P MALIKARJUNA, S/O. RAMAIAH, AGED ABOUT 45 YEARS, OCC. PERMANENT DEALER OF THE FAIR PRICE SHOP DEALER OF SHOP NO.1147001, SUDDALAVANDLAPALLE VILLAGE, SAMBEPALLI MANDAL, ANNAMAYYA DISTRICT. 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, ANNAMAYYA. 3. THE REVENUE DIVISIONAL OFFICER, RAYACHOTI, ANNA DISTRICT,
4. THE TAHSILDAR, SAMBEPALLI MANDAL, ANNAMAYYA DISTRICT. 5. THE DEPUTY TAHSILDAR, CIVIL SUPPLIES, LAKKIREDDI PALLI MANDAL, ANNAMAYYA DISTRICT. 6. YANNAMALA SREENIVASULU, S/O YANAMALA VENKATESH, AGED ABOUT 67 YEARS, R/O D.NO.11/69, SUDANDLAVADLAPALLI, NARYANAREDDIPALLE, KADAPA, KADAPA DISTRICT. R6 IS
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 26607/2024 P MALIKARJUNA, S/O. RAMAIAH, AGED ABOUT 45 YEARS, OCC. PERMANENT DEALER OF THE FAIR PRICE SHOP DEALER OF SHOP NO.1147001, SUDDALAVANDLAPALLE VILLAGE, SAMBEPALLI MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. THE JOINT COLLECTOR, ANNAMAYYA DISTRICT, ANNAMAYYA. THE REVENUE DIVISIONAL OFFICER, RAYACHOTI, ANNA THE TAHSILDAR, SAMBEPALLI MANDAL, ANNAMAYYA DISTRICT. THE DEPUTY TAHSILDAR, CIVIL SUPPLIES, LAKKIREDDI PALLI MANDAL, ANNAMAYYA DISTRICT. YANNAMALA SREENIVASULU, S/O YANAMALA VENKATESH, AGED ABOUT 67 YEARS, R/O D.NO.11/69, SUDANDLAVADLAPALLI, NARYANAREDDIPALLE, KADAPA, KADAPA DISTRICT. R6 IS RC,J W.P.No.26607 of 2024 IN THE HIGH COURT OF ANDHRA PRADESH [3332] THURSDAY,THE TWELFTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI P MALIKARJUNA, S/O. RAMAIAH, AGED ABOUT 45 YEARS, OCC. PERMANENT DEALER OF THE FAIR PRICE SHOP DEALER OF SHOP NO.1147001, SUDDALAVANDLAPALLE VILLAGE, ...PETITIONER ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. THE JOINT COLLECTOR, ANNAMAYYA DISTRICT, ANNAMAYYA. THE REVENUE DIVISIONAL OFFICER, RAYACHOTI, ANNAMAYYA THE TAHSILDAR, SAMBEPALLI MANDAL, ANNAMAYYA DISTRICT. THE DEPUTY TAHSILDAR, CIVIL SUPPLIES, LAKKIREDDI PALLI YANNAMALA SREENIVASULU, S/O YANAMALA VENKATESH, AGED ABOUT 67 YEARS, R/O D.NO.11/69, SUDANDLAVADLAPALLI, NARYANAREDDIPALLE, KADAPA, KADAPA DISTRICT. R6 IS
RC,J W.P.No.26607 of 2024
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IMPLEADED AS PER THE COURT'S ORDER DT.12.02.2026 IN I.A.NO.01 OF 2025.
...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 issue an appropriate Writ, Order or direction under Article 226 of the constitution of India, more particularly one in the nature of Writ of Mandamus declaring the proceedings in Ref.No.C/709/2024, dated 14.11.2024 issued by respondent No.3. it was issued without granting sufficient time for the petitioner to respond to the show- cause notice and without providing an opportunity for a personal hearing as arbitrary and illegal, contrary to 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 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 direct the Respondent to continue me as the Fair Price Shop dealer vide FP Shop No.1147001 of Suddalavandlapalle H/0 Narayanareddipalli Village, Sambepalli Mandal by suspending the proceedings in Ref No C/709/2024 dt 14.11.2024 issued by the respondent No.3, pending disposal of the above Writ Petition 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 to implead the Petitioner/Proposed Respondent No.6 as Respondent No.6 in W.P. No. 26607 of 2024 as well as in I.A.No.1 of 2024, pending disposal of the Writ Petition and/or pass Counsel for the Petitioner:
1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES
2. GUNDRE PRAVALLIKA
RC,J W.P.No.26607 of 2024
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ORDER
This writ petition is filed questioning the orders dated 14.11.2024 passed by respondent no.3 vide Ref.No.C/709/2024 suspending the petitioner’s authorization in respect of FP Shop No.1147001, Gopagudipalli Village, Ramapuram Mandal, Annamayya District.
2. Heard Sri P.Sasidhar Reddy, learned counsel for the petitioner, and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies.
3. Sri P.Sasidhar Reddy, learned counsel, while reiterating the contents of the writ affidavit would contend that the authorities, alleging that the petitioner worked as animator in Velugu Department and hence he is not entitled to continue as dealer as per G.O.Ms.No.32, Consumer Affairs, Food & Civil Supplies (CS.I) Department, dated 03.12.2018 , issued show cause notice dated 12.11.2024 granting one day time for submitting explanation, which actually served on the petitioner on 14.11.2024 and on 14.11.2024 the impugned orders came to be passed and therefore, without giving opportunity of submitting explanation and without providing an opportunity of personal hearing and without application of mind, the authorities, in a mechanical way, suspended the authorization of the petitioner and therefore, the impugned suspension order is liable to be set aside. Accordingly, prayed to allow the writ petition.
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4. Sri Appasani Vineeth, learned Assistant Government Pleader, justified the impugned order of suspension, 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.
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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 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 12th February, 2026.
RR