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2026 DAILYLAW 26118 (AP)

SHAIK MAHABUB SUBHANI v. THE STATE OF AP

WP/30987/2025 · 2026-01-26

Ravi Cheemalapati

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010598872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 30987/2025 Between: 1. SHAIK MAHABUB SUBHANI, S/O SHAIK IBRAHIM SUBHANI, AGED ABOUT 44 YEARS, R/O UPPUTURU VILLAGE, PARCHUR MANDAL, BAPATLA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CONSUM ER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, BAPATLA, BAPATLA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, BAPATLA, BAPATLA DISTRICT. 4. THE TAHSILDAR, PARCHUR MANDAL, BAPATLA DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the 2 High Court may be pleased topleased to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the order bearing Rc.No.154/2025-B, dated 2.5.2025 passed by the 3rd respondent-RDO suspending the petitioners authorization in respect of F.P.Shop No.0821041, situated in Upputuru Village, Bapatla Mandal and District as illegal, violation of Principles of natural justice and violative of Articles 14 and 19(1)(g) of the Constitution of India and contrary to the provisions of Control Order, 2018 and set-aside the same and consequently direct the 3rd respondent to continue the petitioner as F.P.Shop Dealer for the above shop and supply the essential commodities 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 respondents 3 and 4 to continue the petitioner as F.P.Shop Dealer for F.P.Shop No.0821041, situated in Upputuru Village, Bapatla Mandal and District by suspending the order bearing Rc.No.154/2025-B, dated 2.5.2025 passed by the 3rd respondent-RDO, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. KOCHIRI RAJA SHEKAR Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 The Court made the following ORDER: Questioning the proceedings dated 02.05.2025 issued by the 3rd respondent-Revenue Divisional Officer vide Rc.No.154/2025-B, suspending the petitioner’s authorization in respect of Fair Price Shop No.0821041, Upputuru Village, Bapatla Mandal and District, the present writ petition is filed. 2. Heard Sri Kochiri Raja Shekar, 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 stocks found during inspection of the Fair Price shop, issued Panchanama, for which the petitioner submitted 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. 1 2020(6) ALD 209 4 4. Sri Appasani Vineeth, learned Assistant Government Pleader, justified the impugned order of suspension contending that as the authorities found variation in the stocks, 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 2025; however, no interim orders are passed. 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 the date of filing, keeping in view of the convenience of the cardholders and for smooth functioning of Targeted Public Distribution System. 5 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 authorities are 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: 27.01.2026 ANS 6 307 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 30987/2025 Date: 27.01.2026 ANS