APHC010532402024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] SATURDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 27495/2024 Between: 1. P SURESH BABU, S/O. KOTAIAH, AGED 41 YEARS, OCC FAIR PRICE SHOP DEALER, R/O. CHRISTIAN PALEM, CHIMAKURTHY MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, CIVIL SUPPLIES, PRAKASAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, CIVIL SUPPLIES, ONGOLE, PRAKASAM DISTRICT. 4. THE TAHSILDAR, CIVIL SUPPLIES, CHIMAKURTHY, PRAKASAM DISTRICT. 5. FOOD INSPECTOR, PODILI, 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 pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3RD 2 Respondent in passing the order vide Rc.No.1/3148/2024 dated 11.11.2024, thereby suspending the authorization of Petitioners Fair- Price Shop No.0829053 at Chimakurthy Village and Mandal, Prakasam District as illegal, arbitrary, unconstitutional, violative of Principles of Natural Justice and contrary to provisions of the Essential Commodities Act and the A.P State Targeted Public Distribution System (Control) Order, 2018 and consequently set-aside the same and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the interest of justice and equity, 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 respondents to resume the supply of essential commodities to the petitioner for his Fair-Price Shop No.0829053 at Chimakurthy Village & Mandal, Prakasam District by suspending the proceedings in Rc.No.l/3148/2024 dated:11.11.2024 issued by the 3RD respondent pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. SARANU PHANI TEJA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: Questioning the proceedings dated 11.11.2024 issued by the 3rd respondent vide Rc.No.I/3148/2024 suspending the petitioner’s authorization in respect of Fair Price Shop No.0829053, Chimakurthy Village & Mandal, Prakasam District, the present writ petition is filed. 2. Heard Ms.P.Haritha, learned counsel representing Sri Saranu Phani Teja, 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 fortified rice found during inspection of the Fair Price shop, issued show cause notice dated 20.10.2024, for which the petitioner submitted explanation dated 08.11.2024, however, the authorities, without considering the explanation, in a mechanical way, suspended the authorization of the petitioner without giving reasons in violation of the orders passed by this Court in K.Prabhavathi vs. State of A.P. 1 , 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 variation in between fortified rice, suspended the Fair Price shop authorization of the petitioner, pending final enquiry, after 1 2020(6) ALD 209 4 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 Fair Price shop dealership authorization was suspended pending enquiry. This Court vide orders dated 25.11.2024, suspended the impugned orders directing the respondents to continue the petitioner as Fair Price Shop Dealer. 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 (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. 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, this Court is inclined to dispose of the writ petition by passing the following order: 5 “The authorities shall conclude the enquiry at an earliest. Till conclusion of enquiry, the interim orders passed by this Court on 25.11.2024 shall continue.” 10. 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: 31st January, 2026 RKS