APHC010569652024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 29610/2024 Between: 1. SUDI VENKATARAO, S/O.YOGAIAH, AGED 46 YEARS, F.P. SHOP DELAR, SHOP NO.0829052, CHINNAKURTHY VILLAGE CHIMAKURTY MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES, SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE COLLECTOR AND DISTRICT MAGISTRATE, PRAKASAM DISTRICT, ONGOLE 3. THE COLLECTORCS, PRAKASAM DISTRICT, ONGOLE 4. THE REVENUE DIVISIONAL OFFICER, ONGOLE, PRAKASAM DISTRICT 5. THE TAHSILDAR CHIMAKURTHY, PRAKASAM DISTRICT 6. FOOD INSPECTOR, PODILI, PRAKASAM DISTRICT. 7. O SRAVANI, W/O SRIKANTH , AGED 36 YEARS, TREASURER SALRAM SHG, APPOINTED AS TEMPORARY FP SHOP DEALER OF CHIMAAKURTHY TOWN AND MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. R7 IS IMPLEADED 2 AS PER THE COURT'S ORDER DT.07.04.2025 IN I.A.NO.01 OF 2025. ...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 Mandamus, declaring the action of 4th Respondent- R.D.O., Ongole , who suspended the authorization of FP shop dealer through his proceedings, dated 30-10-2024 in Rc.No.1/3123/2024, is wholly illegal, arbitrary and opposed to the spirit of Judgements of this Hon'ble High Court and also mandatory provisions of Control Orders and also violate of principals of natural justice and without jurisdiction and set aside the proceedings of 4th Respondent-R.D.O.,Ongole dt.30-10-2024 in Rc.No.1/3123/2024 and consequently to direct the respondents to continue the petitioner as FP Shop dealer. Shop No 0829052 of Chimakurthy Village, Chimakurthy Mandal, Prakasam District 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 stay the proceeding of orders of learned R.D.O., Ongole (4th respondent) dated 30-10-2024 in Rc.No.1/3123/2024, pending disposal of the above Writ Petition 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 to permit the petitioner to implead proposed 7th respondent as party in this W.P. No:29610/2024 and also in the pending Interlocutory Application as Respondent No.7 therein, in the interest of justice and pass. Counsel for the Petitioner: 1. Alapati Vivekananda Counsel for the Respondent(S): 3 1. GP FOR CIVIL SUPPLIES The Court made the following: ORDER: Questioning the proceedings dated 30.10.2024 issued by the 4th respondent vide Rc.No.I/3123/2024 suspending the petitioner’s authorization in respect of Fair Price Shop No.0829052, Chimakurthy Village and Mandal, Prakasam District, the present writ petition is filed. 2. Heard Sri K.V.M.Chiranjeevi, learned counsel representing Sri Alapati Vivekananda, 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 during inspection of the Fair Price shop, initiated 6-A proceedings before the 3rd respondent-Collector and sent a report to the 4th respondent-Revenue Divisional Officer, and basing on the same, the Revenue Divisional Officer, issued show cause notice for which the petitioner submitted his explanation, without considering the same, the 4th respondent, 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 1 2020(6) ALD 209 4 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 essential commodities, initiated 6A proceedings before the 3rd respondent and suspended the Fair Price 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 Fair Price shop dealership authorization was suspended pending enquiry. The writ petition is of the year 2024, till now, no interim orders are passed. At this length of time, the question of considering the matter for interim orders by going into the impugned proceedings does not arise. 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 5 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: <The 4th respondent-Revenue Divisional Officer is directed to conclude the enquiry within a period of two (02) months from the date of receipt of a copy of this order else the order of suspension shall be revoked.= 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: 11th February, 2026 RKS