APHC010657622023 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO:134/2024 Between: 1. SHAIK TANEESHA, S/O. (LATE) SHAIK PAPABHAI, AGED 32 YEARS, R/O. H. NO. 19-108, DWARAKA NAGAR, VELUGODU VILLAGE, VELUGODU MANDAL, KUMOOL DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES, SECRETARIAT, AMARAVATHI. 2. THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ATMAKUR, KUMOOL DISTRICT. 4. THE TAHASILDAR, VELUGODU MANDAL, KUMOOL 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 to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing suspension order through Rc.F/811/2023 dated 28.11.2023 without considering the petitioner is explanation and also providing personal hearing passing the suspension order as illegal, arbi natural justice and violative of Articles 14, 19(l)(g) of the Constitution of India and contrary to the Essential Commodities Act and also violative of Andhra IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO:134/2024 SHAIK TANEESHA, S/O. (LATE) SHAIK PAPABHAI, AGED 32 YEARS, 108, DWARAKA NAGAR, VELUGODU VILLAGE, VELUGODU MANDAL, KUMOOL DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES, SECRETARIAT, AMARAVATHI. THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT. THE REVENUE DIVISIONAL OFFICER, ATMAKUR, KUMOOL THE TAHASILDAR, VELUGODU MANDAL, KUMOOL DISTRICT ...RESPONDE 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 an appropriate writ, order or direction more particularly one in of Mandamus declaring the action of the 3rd respondent in issuing suspension order through Rc.F/811/2023 dated 28.11.2023 without considering the petitioner is explanation and also providing personal hearing passing the suspension order as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(l)(g) of the Constitution of India and contrary to the Essential Commodities Act and also violative of Andhra IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE THIRD DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI SHAIK TANEESHA, S/O. (LATE) SHAIK PAPABHAI, AGED 32 YEARS, 108, DWARAKA NAGAR, VELUGODU VILLAGE, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES, THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT. THE REVENUE DIVISIONAL OFFICER, ATMAKUR, KUMOOL THE TAHASILDAR, VELUGODU MANDAL, KUMOOL 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 pleased to issue an appropriate writ, order or direction more particularly one in of Mandamus declaring the action of the 3rd respondent in issuing suspension order through Rc.F/811/2023 dated 28.11.2023 without considering the petitioner is explanation and also providing personal hearing trary and violative of principles of natural justice and violative of Articles 14, 19(l)(g) of the Constitution of India and contrary to the Essential Commodities Act and also violative of Andhra 2 Pradesh State Targeted Public Distribution System (Control) Order 2018 and consequently set aside the same by directing the respondents to continue the petitioner to hold Shop No. 1313007 of Velugodu Town, Velugodu Mandal, Kurnool District and to 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 direct the respondents to continue the petitioner as F.P. shop Dealer and to supply essential commodities to the petitioner's fair Shop No. 1313007 of Velugodu Town, Velugodu Mandal, Kurnool District by suspending the proceedings of 3rd respondent in Rc. F/811/2023 dated 28.11.2023, pending disposal of the writ petition and to 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 dated 05.01.2024 passed in I.A.No.1 of 2024 in W.P.No.134 of 2024 and dismiss the writ petition and pass Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR CIVIL SUPPLIES (AP) 3 The Court made the following order: Challenging the order vide Rc.F/811/2023 dated 28.11.2023 passed by respondent No.3-Revenue Divisional Officer suspending the petitioner’s authorization in respect of Fair Price Shop bearing No.1313007 and in-charge Fair Price Shop bearing No.1313027 of Velugodu Town and Mandal, the present Writ Petition is filed. 2. Heard Sri N.Venkatesh, learned counsel, representing Smt Marella Radha, 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, in elaboration to what has been stated in the affidavit, contended that the respondent authorities, alleging variations in the ground stock found during inspection of the Fair Price shops, issued a show cause notice calling for explanation, for which the petitioner submitted a detailed explanation, however, the authorities, without considering the said explanation, in a mechanical way, suspended the authorization of the petitioner, without assigning any reasons and without providing an opportunity of personal hearing, in violation of the orders passed by this Court in K.Prabhavathi v. State of A.P.1, therefore, the impugned suspension order is liable to be set aside. Accordingly, prayed to allow the Writ Petition. 4. On the other hand, learned Assistant Government Pleader, justified the impugned order of suspension, contending that as the authorities found 1 2020(6) ALD 209 4 variation in between the ground stock and the book balance, suspended the FP shop authorization of the petitioner, pending enquiry, after following the procedure contemplated under law. He further contended that the Writ Petition, being meritless, deserves to be dismissed. 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. It is not in dispute that the petitioner’s FP shops dealership authorization was suspended pending enquiry. This Court vide order dated 05.01.2024, suspended the impugned orders directing the respondents to continue the petitioner as FP shop dealer and to supply essential commodities until further orders. 7. Clause 8(4)(2) of the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018 mandates that the appointing authority shall dispose of the disciplinary case filed against the FP 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: 5 “The authorities shall conclude the enquiry at an earliest. Till conclusion of enquiry, the interim orders passed by this Court dated 05.01.2024 shall continue.” 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 03.02.2026 MP 6 188 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.134 of 2024 03.02.2026 MP