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2026 DAILYLAW 26018 (AP)

DANDUGULA VASU v. THE STATE OF AP

WP/31366/2024 · 2026-02-03

Ravi Cheemalapati

body2026

Judgment text

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APHC010601682024 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. DANDUGULA VASU, S/O BHASKARA RAO, AGED ABOUT 41 YEARS, FAIR PRICE SHOP DEALER, FP SHOP NO. 0125581, TEEMARA VILLAGE, PATHAPATNAM MANDAL SRIKAKULAM DISTRICT. 1. THE STATE OF AP, REP. BY ITS PRINCIPAL GOVERNMENT, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, TEKKALI DIVISION, SRIKAKULAM DISTRICT. 3. THE COLLECTOR, SRIKAKULAM DISTRICT. 4. THE JOINT COLLECTOR, SRIKAK 5. THE TAHSILDAR, PATHAPATNAM, SRIKAKULAM 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, order or direction, one more particularly in the nature of a Writ of Mandamus declaring the action of the respondents particularly the Respondent No.2 in suspending the authorization of the 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 31366/2024 DANDUGULA VASU, S/O BHASKARA RAO, AGED ABOUT 41 YEARS, FAIR PRICE SHOP DEALER, FP SHOP NO. 0125581, TEEMARA VILLAGE, PATHAPATNAM MANDAL SRIKAKULAM ...PETITIONER AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. THE REVENUE DIVISIONAL OFFICER, TEKKALI DIVISION, SRIKAKULAM DISTRICT. THE COLLECTOR, SRIKAKULAM DISTRICT. THE JOINT COLLECTOR, SRIKAKULAM DISTRICT. THE TAHSILDAR, PATHAPATNAM, SRIKAKULAM 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 topleased to issue a Writ, order or direction, one more particularly in the nature of a Writ of Mandamus declaring the action of the respondents particularly the Respondent No.2 in suspending the authorization of the RC,J W.P.No.31366 of 2024 IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE FOURTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI DANDUGULA VASU, S/O BHASKARA RAO, AGED ABOUT 41 YEARS, FAIR PRICE SHOP DEALER, FP SHOP NO. 0125581, TEEMARA VILLAGE, PATHAPATNAM MANDAL SRIKAKULAM ...PETITIONER SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT THE REVENUE DIVISIONAL OFFICER, TEKKALI DIVISION, THE TAHSILDAR, PATHAPATNAM, SRIKAKULAM 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 topleased to issue a Writ, order or direction, one more particularly in the nature of a Writ of Mandamus declaring the action of the respondents particularly the Respondent No.2 in suspending the authorization of the RC,J W.P.No.31366 of 2024 2 Petitioners Fair Price Shop 0125581, Teemara Village, Pathapatnam Mandal, Srikakulam District vide proceedings in Rc. No. 899/2024CS-F dated 16.12.2024 as arbitrary, illegal and contrary to the provisions of the Control Order and contrary to the established legal principles and consequently set aside the proceedings in Rc. No. 899/2024CS-F dated 16.12.2024 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 pleased to continue the petitioner as the Fair Price Shop dealer by suspending the proceedings in Rc. No. 899/2024CS-F dated 16.12.2024 issued by the respondent No.2 pending the disposal of the writ petition and pass Counsel for the Petitioner: 1. D S SIVADARSHAN Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: RC,J W.P.No.31366 of 2024 3 ORDER This writ petition is filed questioning the orders dated 16.12.2024 passed by respondent no.2- Revenue Divisional Officer, vide Rc.No.899/2024- CS-F, suspending the petitioner’s authorization in respect of FP Shop No.0125581, Teemara Village, Pathapatnam Mandal, Srikakulam District. 2. Heard Sri D.S.Siva Darshan, learned counsel for the petitioner, and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies. 3. Sri D.S.Siva Darshan, learned counsel, while reiterating the contents of the writ affidavit would contend that the authorities, alleging variations found in the ground stock and book balance, issued show cause notice and though an explanation was submitted, 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 irregularities in running F.P.shop, 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 RC,J W.P.No.31366 of 2024 4 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 10.01.2025, continued the petitioner as dealer of subject F.P.shop. 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: RC,J W.P.No.31366 of 2024 5 “The authorities shall conclude the enquiry at an earliest. Till conclusion of enquiry, the interim orders passed by this Court on 10.01.2025 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: 4th day of February, 2026 RR