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2026 DAILYLAW 25258 (AP)

NIDDANA ADINARAYANA v. THE STATE OF ANDHRA PRADESH

WP/28552/2023 · 2026-01-28

Ravi Cheemalapati

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010550302023 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. NIDDANA ADINARAYANA, S/O LATE SURYANARAYANA, AGED ABOUT 52 YEARS, OCC. F.P SHOP DEALER (UNDER SUSPENSION), R/O PEDABANTUPALLI VILLAGE, GURLA MANDAL, VIZIANAGARAM DISTRICT. 1. THE STATE OF ANDHRA PRADESH, DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT, A.P. REP. BY ITS SECRETARY. 2. THE DISTRICT COLLECTOR CIVIL SUPPLIES, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, CHEEPURUPALLI SUB DIVISION, VIZIANAGARAM DISTRICT. 4. THE TAHSILDAR, GURLA MANDAL, VIZIANAGARAM DISTRICT. 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 of mandamus or any other appropriate writ or direction declaring the proceedings of the 3rd respondent passed in Rc No. 292/2023 SA dated 21.09.2023 as illegal, arbitrary, without assigning any reasons and non application No. 9184 of 2022 dated 16.02.2023 and set aside the same and consequently IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 28552/2023 NIDDANA ADINARAYANA, S/O LATE SURYANARAYANA, AGED ABOUT 52 YEARS, OCC. F.P SHOP DEALER (UNDER SUSPENSION), R/O PEDABANTUPALLI VILLAGE, GURLA MANDAL, VIZIANAGARAM DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT, A.P. REP. BY ITS SECRETARY. THE DISTRICT COLLECTOR CIVIL SUPPLIES, VIZIANAGARAM, VIZIANAGARAM DISTRICT. THE REVENUE DIVISIONAL OFFICER, CHEEPURUPALLI SUB IANAGARAM DISTRICT. THE TAHSILDAR, GURLA MANDAL, VIZIANAGARAM 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 a writ of mandamus or any other appropriate writ or direction declaring the proceedings of the 3rd respondent passed in Rc No. 292/2023 SA dated 21.09.2023 as illegal, arbitrary, without assigning any reasons and non application of mind and contrary to the orders passed in W.P No. 9184 of 2022 dated 16.02.2023 and set aside the same and consequently IN THE HIGH COURT OF ANDHRA PRADESH [3332] THURSDAY,THE TWENTY NINETH DAY OF JANUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI NIDDANA ADINARAYANA, S/O LATE SURYANARAYANA, AGED ABOUT 52 YEARS, OCC. F.P SHOP DEALER (UNDER SUSPENSION), R/O PEDABANTUPALLI VILLAGE, GURLA MANDAL, ...PETITIONER CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR THE DISTRICT COLLECTOR CIVIL SUPPLIES, VIZIANAGARAM, THE REVENUE DIVISIONAL OFFICER, CHEEPURUPALLI SUB- THE TAHSILDAR, GURLA MANDAL, VIZIANAGARAM 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 a writ of mandamus or any other appropriate writ or direction declaring the proceedings of the 3rd respondent passed in Rc No. 292/2023 SA dated 21.09.2023 as illegal, arbitrary, without assigning any of mind and contrary to the orders passed in W.P No. 9184 of 2022 dated 16.02.2023 and set aside the same and consequently direct the respondents to continue the petitioner as F.P Shop Dealer of F.P Shop No.0221001 of Pedabantupalli village of Gurla Mandal, Vizianagaram District by releasing the Essential Commodities to the petitioner and to pass IA NO: 1 OF 2023 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 3rd respondent to release the Essential Commodities to the petitioner for the F.P Shop No.0221001 of Pedabantupalli Village of Gurla Mandal, Vizianagaram District, for distribution to the Cardholders, by suspending the proceedings passed by the 3rd respondent vide Rc No. 292/2023 SA dated 21.09.2023, pending disposal-of the WP. Counsel for the Petitioner: 1. TADDI NAGESWARA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: ORDER This writ petition is filed questioning the orders dated 21.09.2023 passed by respondent no.3 vide Rc.No.292/2023 SA suspending the petitioner’s authorization in respect of FP Shop No.0221001, Pedabantupalli Village, Gurla Mandal, Vizianagaram District. 2. Heard Sri Taddi nageswar Rao, learned counsel for the petitioner, and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies. 3. Sri Taddi Nageswara Rao, learned counsel, while reiterating the contents of the writ affidavit would contend that the authorities, alleging variations in the ground stock found during inspection of the FP shop, issued show cause notice calling for explanation, for which the petitioner submitted a detailed explanation, however, 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 variation in between ground stocks and book balance, suspended the F.P.shop authorization of 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 01.11.2023, suspended the impugned orders directing the respondents to continue the petitioner as Fair Price Shop Dealer pending further 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: “The authorities shall conclude the enquiry at an earliest. Till conclusion of enquiry, the interim orders passed by this Court on 01.11.2023 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: 29th day of January, 2026. RR