APHC010562832023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 29183/2023 Between: 1. Y SATYA RAO, S/O LATE SIMHACHALAM AGE.70 YEARS, OCC. FP SHOP DEALER OF SHOP NO.0335018, KOTHAPALLI VILLAGE KASIMKOTA MANDAL, ANAKAPALLI DIST. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE COLLECTOR CS, ANAKAPALLI DIST., AT ANAKAPALI. 3. THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI DIVISION, ANAKAPALLI DSIT. 4. THE TAHSILDAR, KASIMKOTA MANDAL, ANAKAPALLI DIST. ...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 Writ Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the 3rd respondent vide Rc/No.2299/2033/SA(E) dt.30-10-2023 suspending the petitioner's authorization in respect of the FP Shop No.0335018, Kothapalli Village, Kasimkota Mandal, Anakapalli Dist., is illegal arbitrary malafide and contrary to provisions of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018 apart from violation of the principles of natural 2 justice and consequentially set aside the order dt.30- 10-2023 by directing the Respondents to continue petitioner as FP Shop dealer as usual, and 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 Suspend the order passed by the 3rd respondent vide Rc/No.2299/2033/SA(E) dt.30- 10-2023 in respect of FP Shop No.0335018, Kothapalli Village, Kasimkota Mandal, Anakapalli Dist., by continuing the petitioner as dealer as usual, pending disposal of the writ petition. Counsel for the Petitioner: 1. M M M SRINIVASA 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 30.10.2023 passed by respondent No.3 vide Rc.No.2299/2033/SA(E) suspending the petitioner’s authorization in respect of FP Shop No.0335018, Kothapalli Village, Kasimkota Mandal, Anakapalli District. 2. Heard Sri M.M.M.Srinivasa Rao, learned counsel for the petitioner, and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies. 3. Sri M.M.M.Srinivasa Rao, learned counsel, while reiterating the contents of the writ affidavit would contend that the authorities, i.e., Revenue Inspector, Kasimkota inspected his shop on 20.05.2020 and suspended the 3 petitioner’s authorization, though variation is permissible in nature. However, the 2nd respondent has passed an order on 18.06.2022 under Section 6A(1) dropped the said proceedings. Again on 10.10.2023, Assistant Supply Officer inspected his shop and framed three charges wherein first and second charges relates to stock board and third charge relates to earlier violation. The 3rd respondent issued show cause notice on 19.10.2023 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 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 ground stocks and book balance and with regard to stock board and details of the stock, 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. 1. 2020(6) ALD 209 4 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 08.11.2023, suspended the impugned orders directing the respondents to continue the petitioner as Fair Price Shop Dealer until 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 08.11.2023 shall continue.” 5 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: 22nd day of January, 2026. MH/JLSR 6 275 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 29183 of 2023 DATE: 22nd day of January, 2026. MH/JLSR