APHC010569012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 29711/2025 Between: 1. CHINTHALA SUBBARAYUDU, S/O. BALUDU, AGED 48 YEARS, PERMANENT F P SHOP DEALER OF F.P. SHOP NO 1104008, R/O. D.NO. 2-77A, ERUVAPALEM VILLAGE, THONDALADINNE MANDAL, Y.S.R KADAPA DISTRICT-516359 ANDHRA PRADESH STATE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY PRINCIPLE SECRETARY CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, Y.S.R KADAPA DISTRICT, ANDHRA PRADESH. 3. THE JOINT COLLECTOR, Y.S.R KADAPA DISTRICT AT KADAPA, ANDHRA PRADESH. 4. THE REVENUE DIVISIONAL OFFICER, JAMMALAMADUGU REVENUE DIVISION AT JAMMALAMADUGU, Y.S.R KADAPA DISTRICT, ANDHRA PRADESH. 5. THE TAHSILDAR PRODDUTUR MANDAL, Y.S.R KADAPA DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): RC,J W.P No.29711 of 2025 2 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 an appropriate Writ, Order or direction under Article 226 of constitution of India more particularly one in the nature of Writ of Mandamus declaring the proceedings in ef.No.A3/730/2025,dated23.08.2025 issued by the respond No.4 suspending my authorization as arbitrary and illegal, contrary objectives of the provisions of the Andhra Pradesh State T argeted 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 3 00-A of the Constitution of India and consequently set aside the same and continue my authorization for the subject shop 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 Pleased to direct the respondent No .4 to continue me as fair price shop dealer by suspendingthe proceedings in Ref.No.A3/730/2025, dated 23.08.2025 issued by the respondentNo.4, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES RC,J W.P No.29711 of 2025 3 The Court made the following Order: Questioning the proceedings of the 4th respondent-Revenue Divisional Officer vide Ref.No.A3/730/2025, dated 23.08.2025, suspending the petitioner’s authorization in respect of Fair Price Shop No.1104008, Eruvapalem Village, Rajupalem Mandal, Y.S.R. Kadapa District, the present writ petition is filed. 2. Heard Sri Papudippu Sashidhar, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that, the petitioner was appointed as a permanent fair price shop dealer for shop No.1104008 of Eruvapalem Village, Rajupalem Mandal, Y.S.R. Kadapa District in the year 2001, since then, he has been distributing the essential commodities to the cardholders without any complaints from anybody. The learned counsel for the petitioner would submit that the petitioner earlier filed W.P No.28034 of 2025 challenging the inaction of the respondents in supplying the essential commodities without therebeing any cancellation of suspension orders. This Court by an order dated 02.12.2024, allowed the writ petition by directing the respondents to supply the essential commodities to the petitioner, subject to compliance with requirements for such supply, until his appointment is suspended/cancelled by following the due procedure of RC,J W.P No.29711 of 2025 4 law. Pursuant to the said order, the petitioner was reinstated as fair price shop dealer in the month of December, 2025. Since reinstatement, the petitioner has been continuously distributing essential commodities to cardholders. While so, on allegations of stock variations found during inspection of the Fair Price shop, a show cause notice dated 31.05.2025 has been issued. Pending enquiry, the authorization of the petitioner was placed under suspension without giving reasons and 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 stocks, the authorization of the petitioner was placed under suspension, pending final enquiry, after following the procedure contemplated under law. He would further contend that as of now, no interim order has been passed in favour of the petitioner, and at this length of time, passing an interim order does not arise. However, a direction may be given to the authorities to dispose of the disciplinary enquiry pending against the petitioner. He submitted that he has no instructions whether any temporary dealer has been allotted in the place of the petitioner or not. 1 2020(6) ALD 209 RC,J W.P No.29711 of 2025 5 5. Perused the material available on record and considered the submissions made by learned counsel for the parties. 6. Admittedly, petitioner earlier filed W.P No.28034 of 2024, challenging the inaction of the respondents in supplying essential commodities without any order of suspension/cancellation. This Court, allowed the same by an order dated 02.12.2024 directing the respondents therein to supply the essential commodities to the petitioner, on complying with the requirements of supply. Pursuant thereto, dealership of the petitioner was reinstated and is continuing to distribute the stock to the cardholders. On allegations of stock variations during inspection of the Fair Price shop, a show cause notice dated 31.05.2025 has been issued, wherein the enquiry is pending. Pending enquiry, suspension order has been passed and the same has been assailed. The learned Assistant Government Pleader submitted that he has no instructions whether any temporary dealer has been allotted in place of the petitioner or not. However, the provisions of the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018 stipulates that the enquiry has to be conducted preferably within three months and in the present case, the enquiry is pending consideration. 7. In view of the said circumstances, without going into the merits and demerits of the case, this Court is inclined to dispose of the writ petition by passing the following order: RC,J W.P No.29711 of 2025 6 “The 4th respondent-Revenue Divisional Officer is directed to complete the enquiry pursuant to the show cause notice dated 31.05.2025, as expeditiously as possible, but not later than two (02) months from the date of receipt of a copy of this order. If the enquiry is not completed within the time prescribed, the suspension order vide Ref.No.A3/730/2025, dated 23.08.2025, issued by the 4th respondent, shall stand restored. 8. 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:30.01.2026 Ksj