APHC010553852025 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. LANKE VENKATESWARA RAO, S/O JAYA RAMAIAH, AGED ABOUT 60 YEARS, OCC FAIR PRICE SHOP DEALER, MOLLAGUNTA VILLAGE, RAPALLE MANDAL, GUNTUR DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, REPALLE, BAPATLA DISTRICT. CAUSE TITLE IS AMENDED AS PER THE COURT'S ORDER DT.28.01.2026 IN I.A.NO.01 OF 2026. 3. THE ASSISTANT SUPPLY OFFICER, TENALI, GUNTUR DISTRICT. 4. THE JOINT COLLECTOR CS, GUNTUR DISTRICT, GUNTUR R4 IMPLEDED AS PER COURT ORDER DT.24.11.2025 IN I.A.NO.2 OF 2025 Petition under Article 226 of the Constitution of India praying that circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the ature of Writ of Mandamus, to declare the action of the respondents in issuing the Proceedings Rc.No. 94/2020 authorization of the petitioner under suspension temporarily beyond the statutory period and continuing the petitioner under suspension even after lapse of more than 5 years inspite of s to the show cause notice followed by the written representation dated.27 2025 as being illegal, arbitrary, unjust and unconstitutional and consequently 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: 28985/2025 LANKE VENKATESWARA RAO, S/O JAYA RAMAIAH, AGED ABOUT 60 YEARS, OCC FAIR PRICE SHOP DEALER, MOLLAGUNTA VILLAGE, RAPALLE MANDAL, GUNTUR DISTRICT ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE REVENUE DIVISIONAL OFFICER, REPALLE, BAPATLA DISTRICT. CAUSE TITLE IS AMENDED AS PER THE COURT'S ORDER DT.28.01.2026 IN I.A.NO.01 OF 2026. STANT SUPPLY OFFICER, TENALI, GUNTUR DISTRICT. THE JOINT COLLECTOR CS, GUNTUR DISTRICT, GUNTUR R4 IMPLEDED AS PER COURT ORDER DT.24.11.2025 IN I.A.NO.2 OF ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that circumstances stated in the affidavit filed therewith, the High Court may be issue an appropriate Writ, Order or Direction, more particularly one in the ature of Writ of Mandamus, to declare the action of the respondents in issuing the Proceedings Rc.No. 94/2020-S5 dated.7-2-2020, keeping the authorization of the petitioner under suspension temporarily beyond the statutory period and continuing the petitioner under suspension even after lapse of more than 5 years inspite of submitting the explanation on 15 to the show cause notice followed by the written representation dated.27 2025 as being illegal, arbitrary, unjust and unconstitutional and consequently IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI LANKE VENKATESWARA RAO, S/O JAYA RAMAIAH, AGED ABOUT 60 YEARS, OCC FAIR PRICE SHOP DEALER, MOLLAGUNTA ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, THE REVENUE DIVISIONAL OFFICER, REPALLE, BAPATLA DISTRICT. CAUSE TITLE IS AMENDED AS PER THE COURT'S STANT SUPPLY OFFICER, TENALI, GUNTUR DISTRICT. THE JOINT COLLECTOR CS, GUNTUR DISTRICT, GUNTUR R4 IMPLEDED AS PER COURT ORDER DT.24.11.2025 IN I.A.NO.2 OF ...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 issue an appropriate Writ, Order or Direction, more particularly one in the ature of Writ of Mandamus, to declare the action of the respondents in 2020, keeping the authorization of the petitioner under suspension temporarily beyond the statutory period and continuing the petitioner under suspension even after ubmitting the explanation on 15-2-2020 to the show cause notice followed by the written representation dated.27-9- 2025 as being illegal, arbitrary, unjust and unconstitutional and consequently RC,J W.P.No.28985 of 2025 2 set a side the same and to restore the authorization of the F.P.Shop to the petitioner and to pass such other and further order or orders, as this Honourable Court may deems fit and proper in the circumstances of the case. The Prayer is amended as per Courts Order dt.28.01.2026 in I.A.No.3 of 2025 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 It is therefore prayed that this Honourable Court may be pleased to direct the respondents to continue the petitioner as Fair Price shop Dealer of F.P Shop No.0752063 at Mollagunta village, Repalle Mandal, Guntur District by suspending the proceedings vide Rc No 94/2020 S5 dated 7-2-2020, issued by the 2nd respondent herein, pending disposal of the writ petition and to pass such other and further order or orders, as this Honourable Court may deems fit and proper in the interest of justice. Interim Prayer is amended as per the Court's Order dt.28.01.2026 in I.A.No.04 of 2025. IA NO: 2 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 may be pleased to permit the petitioner herein to implead the proposed respondent herein as party respondent No. 4 in the above W.P.No.28985 of 2025, in the interest of justice and to pass IA NO: 3 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 may be pleased to permit the petitioner herein to amend the MAIN PRAYER as " to declare the action of the respondents in issuing the Proceedings Rc.No. 94/2020-S5 dated.7-2-2020, keeping the authorization of the petitioner under suspension temporarily beyond the statutory period and continuing the petitioner under suspension even after lapse of more than 5 years inspite of submitting the explanation on 15-2-2020 to the show cause notice followed by the written representation dated.27-9-2025 as being illegal, arbitrary, unjust and unconstitutional and consequently set a side the same and to restore the authorization of the F.P.Shop to the petitioner and to pass such other and further order or orders, as this Honourable Court may deems fit and proper in the circumstances of the case. INSTEAD of earlier prayer it is therefore prayed that this Honourable Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus to declare the inaction of the 2nd respondent in concluding the RC,J W.P.No.28985 of 2025 3 disciplinary proceedings against the petitioner and for restoration of his authorization of the Fair Price Sop inspite of written representation dated.27.9.2025 followed by personal visit as being illegal, arbitrary, unjust and unconstitutional and consequently direct the 2nd respondent to conclude the disciplinary proceedings and to restore the authorization of the F.P.Shop to the petitioner and to grant IA NO: 4 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 May be pleased to permit the petitioner herein to amend the interim prayer, it is therefore prayed that this Honourable Court may be pleased to direct the respondents to continue the petitioner as Fair Price shop Dealrer of F.P.Shop No.0752063 at Mollagunta village, Repalle Mandal, Guntur District by suspending the proceedings vide Rc.No. 94/2020- S5 dated.7-2-2020, issued by the 2"^ respondent herein, pending disposal of the writ petition and to pass such other and further order or orders, as this Honourable Court may deems fit and proper in the interest of justice. Instead of earlier interim prayer, it is therefore prayed that this Honourable Court may be pleased to pass orders directing the respondent N.2 herein to consider and take appropriate action pursuant to the respondent dt.27.9.2025, pending disposal of the main writ petition and to pass IA NO: 1 OF 2026 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 May be pleased to permit me to amend the cause title in respect of the 2nd respondent as The R.D.O., Repalle, Guntur District, in the place of The R.D.O., Guntur, Bapatia District, and to pass Counsel for the Petitioner: 1. K JOSEPH Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES RC,J W.P.No.28985 of 2025 4 ORDER This writ petition is filed questioning the action of the respondent authorities in issuing proceedings Rc.No.94/2020-S5, dated 07.02.2020, keeping the authorization of the petitioner under suspension temporarily beyond the statutory period and continuing the petitioner under suspension even after lapse of more than five (05) years inspite of submitting the explanation on 15.02.2020 to the show-cause-notice followed by written representation dated 27.09.2025. 2. Heard Sri K.Joseph, learned counsel for the petitioner, and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies. 3. Sri K.Joseph, 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. He would further contend that though Clause 8(4)(2) of the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018 mandates completion of enquiry within a period of three (03) months, the authorities did not conclude the enquiry despite lapse of five (05) years since RC,J W.P.No.28985 of 2025 5 the date of suspension, 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 completion of enquiry within a period of three (03) months is not mandatory and it is only advisory as could be perceived from the language employed in clause 8(4)(2) of the Order, 2018 and therefore 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 vide proceedings of the Joint Collector & Additional District Magistrate, Guntur in Rc.No.94/2020-S5 dated 07.02.2020. 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 RC,J W.P.No.28985 of 2025 6 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. Simply because the clause says that enquiry to be concluded ‘preferably’, it does not mean that the authorities can sleep over the matter for years together. Admittedly, more than five (05) years have been lapsed since the date of suspension of FP shop authorization of the petitioner. Hence, the proceedings suspending the authorization of the petitioner are liable to be set aside. 10. Accordingly, the proceedings of the Joint Collector & Additional District Magistrate, Guntur in Rc.No.94/2020-S5, dated 07.02.2020 are set aside and the respondent authorities are directed to conclude the enquiry and pass appropriate orders in the matter. Till such time, the respondent authorities are directed to continue the petitioner as Fair Price Shop Dealer. 11. With the above observations, 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