Extracted from the PDF above. The PDF is authoritative.
APHC010608382025
IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 31620/2025 Between:
1. B VENKATARAMANA, S/O. B KADHIRAIAH, AGED ABOUT 43 YEARS, OCC. DEALER OF THE FAIR PRICE SHOPDEALER OF SHOP NO.1149038, GUNTIMADUGU VILLAGE,RAYACHOTY MANDAL, ANNAMAYYA DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, ANNAMAYYA DISTRICTANNAMAYYA, RAYACHOTY.. 3. THE REVENUE DIVISIONAL OFFICER, RAYACHOTYANNAMAYYA DISTRICT,
4. THE TAHSILDAR, RAYACHOTY MANDAL ANNAMAYYA DISTRICT. 5. SMT K GOWTHAMI, W/O. K.NAGASESHA REDDYAGE IS NOT KNOWN TO THE PETITIONER,SHG GROUP LEADER, GUNTIMADUGU VILLAGE, RAYACHOTY MANDAL, ANNAMAYYA 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 31620/2025 B VENKATARAMANA, S/O. B KADHIRAIAH, AGED ABOUT 43 YEARS, OCC. DEALER OF THE FAIR PRICE SHOPDEALER OF SHOP NO.1149038, GUNTIMADUGU VILLAGE,RAYACHOTY MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP.BY ITS SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. THE JOINT COLLECTOR, ANNAMAYYA DISTRICTANNAMAYYA, THE REVENUE DIVISIONAL OFFICER, RAYACHOTYANNAMAYYA E TAHSILDAR, RAYACHOTY MANDAL ANNAMAYYA DISTRICT. SMT K GOWTHAMI, W/O. K.NAGASESHA REDDYAGE IS NOT KNOWN TO THE PETITIONER,SHG GROUP LEADER, GUNTIMADUGU VILLAGE, RAYACHOTY MANDAL, ANNAMAYYA ...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 IN THE HIGH COURT OF ANDHRA PRADESH [3332]
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI B VENKATARAMANA, S/O. B KADHIRAIAH, AGED ABOUT 43 YEARS, OCC. DEALER OF THE FAIR PRICE SHOPDEALER OF SHOP NO.1149038, GUNTIMADUGU VILLAGE,RAYACHOTY ...PETITIONER THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. THE JOINT COLLECTOR, ANNAMAYYA DISTRICTANNAMAYYA, THE REVENUE DIVISIONAL OFFICER, RAYACHOTYANNAMAYYA E TAHSILDAR, RAYACHOTY MANDAL ANNAMAYYA DISTRICT.
SMT K GOWTHAMI, W/O. K.NAGASESHA REDDYAGE IS NOT KNOWN TO THE PETITIONER,SHG GROUP LEADER, GUNTIMADUGU VILLAGE, RAYACHOTY MANDAL, ANNAMAYYA ...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
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pleased 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 Ref No.C/622/2024, dated 06.08.2024 issued by the respondent No.3 suspending my authorization as arbitrary and illegal, contrary objectives of the provisions of the Andhra Pradesh State Targeted 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 300-A of the Constitution of India and consequently set aside the same and continue me as the fair price shop dealer 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 issue a direction to continue the Petitioner as the fair price shop dealer by suspending the proceedings in Ref No.C/622/2024, dated 06.08.2024 issued by the respondent No.3, 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
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The Court made the following order: Challenging the proceedings in Ref.No.C/622/2024 dated 06.08.2024 issued by respondent No.3-Revenue Divisional Officer suspending the petitioner’s authorization in respect of Fair Price Shop bearing No.1149038 of Guntimadugu Village, Rayachoti Mandal, Annamayya District, the present Writ Petition is filed. 2. Heard Sri P.Sashidhar Reddy, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 3.
Learned counsel for the petitioner, while reiterating the contents of the writ affidavit, would contend that the authorities, alleging that the petitioner is selling commodities for higher price, closure of the voice facility in the e-Pos device and use of an unauthorized measuring unit, such as, Silver Vessel for measuring the commodities, during inspection of the Fair Price shop, have suspended the authorization of the petitioner, in a mechanical way, without verifying the veracity of the allegations and without issuing any notice. 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 that the petitioner violated conditions of the Control Order 2018, suspended the F.P shop authorization of the petitioner, pending final enquiry, after
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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 FP shop dealership authorization was suspended pending enquiry.
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 respondent authorities concerned shall conclude the enquiry within a period of two (2) months from the date of receipt of copy of this order. Else, the impugned suspension proceedings dated 06.08.2024 issued by respondent No.3 vide Ref.No.C/622/2024, dated 06.08.2024 shall stand revoked.”
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10. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed.
____________________________ JUSTICE RAVI CHEEMALAPATI
03.03.2026 MP
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115 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO.31620 of 2025 03.03.2026
MP