APHC010653142023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] SATURDAY,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 33474/2023 Between: 1. M MANJUNATH, S/O M.V.SUBRAMANYAM AGE.37 YEARS, OCC. FP SHOP DEALER OF F.P.SHOP.1062042,MAVATHURU VILLAGE, VENKATAGIRI KOTA MANDAL, CHITTOOR DIST ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE COLLECTOR CS, CHITTOOR DIST., AT CHITTOOR. 3. THE REVENUE DIVISIONAL OFFICER, PALAMANER, CHITTOOR DIST. 4. THE TAHSILDAR, VENKATAGIRI KOTA MANDAL CHITTOOR DIST ...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 Writ Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the 3rd respondent vide Roc.E/1702/2023 dt.21-12-2023 suspending the petitioner's authorization in respect of 2 F.P.Shop NO.1062042, Mavathuru Village, Venkatagiri Kota Mandel, Chittoor Dist., is illegal arbitrary malafide and contrary to provisions of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018 apart from violation of the principles of natural justice and consequentially set aside the order dt.21- 12-2023 by directing the Respondents to continue petitioner as FP Shop dealer as usual, and pass IA NO: 1 OF 2023 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 all further proceedings including suspension of the order passed by the 3rd respondent vide Roc.E/1702/2023 dt:21-12-2023 in respect of F.P.Shop NO.1062042, Mavathuru Village, Venkatagiri Kota Mandal, Chittoor Dist., by continuing the petitioner as dealer as usual, pending disposal of the writ petition. 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 implead the Petitioner/Proposed Respondent No.5 as Respondent No.5 in W.P. No. 33474 of 2023 as well as in I.A.No.1 of 2023, pending disposal of the Writ Petition and/or pass IA NO: 2 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 vacate the interim order dt. 04-01-2024 passed in I A No. 1 of 2023 in WP No. 33474 of 2023 and or pass Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP) The Court made the following: 3 ORDER: Questioning the proceedings dated 21.12.2023 issued by the 3rd respondent vide Roc.E/1702/2023 suspending the petitioner’s authorization in respect of Fair Price Shop No.1062042, Mavathuru Village, Venkatagiri Kota Mandal, Chittoor District, the present writ petition is filed. 2. Heard Sri M.M.M.Srinivasa Rao, learned counsel for the petitioner and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies for the official respondents. There is no representation for the unofficial respondents. 3. Learned counsel for the petitioner while reiterating the contents of the writ affidavit would contend that the authorities, alleging variations in the stock and book balance found during inspection of the Fair Price shop, issued show cause notice, 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. 4. Sri Appasani Vineeth, learned Assistant Government Pleader, justified the impugned order of suspension contending that as the 1 2020(6) ALD 209 4 authorities found variation in between stock and book balance, 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. This Court vide orders dated 04.01.2024, directed the respondents to allow the petitioner to run the subject Fair Price 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 (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. 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: 5 “The authorities shall conclude the enquiry at an earliest. Till conclusion of enquiry, the interim orders passed by this Court on 04.01.2024 shall continue.” 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: 31st January, 2026 RKS