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2026 DAILYLAW 27036 (AP)

ALLADI BHARATHI v. THE STATE OF AP

WP/35216/2025 · 2026-02-04

Ravi Cheemalapati

body2026

Judgment text

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APHC010671522025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 35216/2025 Between: 1. ALLADI BHARATHI, W/O KOTESWARA RAO AGE 45 YEARS, OCC F.P. SHOP DEALER FOR SHOP NO.0829047, GUDIPUDIVARIPALEM VILLAGE, CHIMAKURTHI MANDAL, PRAKASAM DIST. 1. THE STATE OF AP, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DIST. 2. THE COLLECTOR CS, PRAKASAM DIST., AT ONGOLE. 3. THE REVENUE DIVISIONAL OFFICER, ONGOLE DIVISION, PRAKASAM DIST. 4. THE TAHSILDAR, CHIMAKURTHI TOWN, PRAKASAM DIST. 5. SMT POTU SAI NEHA, W ANJANEYA SHG GROUP, GUDIPUDIVARIPALEM VILLAGE, CHIMAKURTHY MANDAL, PRAKASAM DISTRICT, PIN 523 212. R5 IS IMPLEADED AS PER THE COURT'S ORDER DT.05.01.2026 IN I.A.NO.02 OF 2025. 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) THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 35216/2025 ALLADI BHARATHI, W/O KOTESWARA RAO AGE 45 YEARS, OCC F.P. SHOP DEALER FOR SHOP NO.0829047, GUDIPUDIVARIPALEM VILLAGE, CHIMAKURTHI MANDAL, ...PETITIONER AND THE STATE OF AP, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR THE COLLECTOR CS, PRAKASAM DIST., AT ONGOLE. THE REVENUE DIVISIONAL OFFICER, ONGOLE DIVISION, THE TAHSILDAR, CHIMAKURTHI TOWN, PRAKASAM DIST. SMT POTU SAI NEHA, W/O G.V.VENKATA KISHORE, SRI ANJANEYA SHG GROUP, GUDIPUDIVARIPALEM VILLAGE, CHIMAKURTHY MANDAL, PRAKASAM DISTRICT, PIN 523 212. R5 IS IMPLEADED AS PER THE COURT'S ORDER DT.05.01.2026 IN I.A.NO.02 OF 2025. ...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] THURSDAY, THE FIFTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI ALLADI BHARATHI, W/O KOTESWARA RAO AGE 45 YEARS, OCC F.P. SHOP DEALER FOR SHOP NO.0829047, GUDIPUDIVARIPALEM VILLAGE, CHIMAKURTHI MANDAL, ...PETITIONER THE STATE OF AP, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR THE COLLECTOR CS, PRAKASAM DIST., AT ONGOLE. THE REVENUE DIVISIONAL OFFICER, ONGOLE DIVISION, THE TAHSILDAR, CHIMAKURTHI TOWN, PRAKASAM DIST. /O G.V.VENKATA KISHORE, SRI ANJANEYA SHG GROUP, GUDIPUDIVARIPALEM VILLAGE, CHIMAKURTHY MANDAL, PRAKASAM DISTRICT, PIN 523 212. R5 IS IMPLEADED AS PER THE COURT'S ORDER DT.05.01.2026 IN ...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 2 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 Rc.I/2100/2025 dt.27-11-2025 suspending the petitioners authorization in respect of FP Shop No.0829047 Gudipudivaripalem Village, Chimakurthi Mandal, Prakasam Dist., without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order, 2018 and the proceeding issued by the 3rd respondent vide Rc.No.A/2100/2025 dt.4-12-2025 is illegal ,arbitrary and violation of the provisions of AP State Targeted Public Distribution System (Control) Order, 2018 and violation of the principles of natural justice and consequentially set aside the proceedings dt 27-11-2025 and 4-12-2025 by directing the Respondents to release Essential Commodities in favour of the petitioner as usual and pass any other order this Honble Court may deem fit in the interest of Justice. Prayer is amended as per the Court's Order dt.22.01.2026 in I.A.No.03 of 2025. 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 suspend the impugned order passed by the 3RD respondent vide Rc. 1/2100/2025 dt:27-11- 2025 in respect of FP Shop No.0829047, Gudipudivaripalem Village, Chimakurthi Mandal, Prakasam Dist., by continuing the petitioner as dealer as usual, pending disposal of the writ petition. IA NO: 2 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 permit the petitioner to implead Smt.Potu Sai Neha W/o G.V.Venkata Kishore, Sri Anjaneya SHG Group, Gudipudivaripalem Village, Chimakurthy Mandal, Prakasam Dist., as Respondent NO.5 in W.P.35216/2025 pass IA NO: 3 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 amend the Main Prayer in WP No.35216 of 2025 Hence, it is prayed that this Hon'ble 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 Rc.l/2100/2025 dt 3 27.11.2025 suspending the petitioner's authorization in respect of FP Shop No.0829047, Gudipudivaripalem Village, Chimakurthi Mandal, Prakasam Dist., without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order, 2018 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 impugned order dt:27-11-2025 by directing the Respondents to continue petitioner as FP Shop dealer as usual, and pass any other order this Hon'ble Court may deem fit in the interest of Justice. Seeking amendment in the prayer t 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 Rc.l/2100/2025 dt27-11- 2025 suspending the petitioners authorization in respect of FP Shop No.0829047, Gudipudivaripale m Village, Chimakurthi Mandal, Prakasam Dist., without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order, 2018 and the proceeding issued by the 3rd respondent vide Rc.No.A/2100/2025 dt 4-12-2025 is illegal, arbitrary and violation of the provisions of AP tate Targeted Public Distribution System (Control) Order,2018 and violative of principles of natural justice and consequently set aside the proceedings dt27-11-2025 and 4-12-2025 by directing the respondents to release Essential Commodities in favour of the petitioner as usual and pass Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 2. AYESHA AZMA S 4 The Court made the following order: This writ petition is filed questioning the orders dated 27.11.2025 passed by respondent No.3 vide Rc.I/2100/2025 suspending the petitioner’s authorization in respect of FP Shop No.0829047, Gudipudivaripalem village, Chimakurthi Mandal, Prakasam District 2. Heard Sri M.M.M.Srinivasarao, learned counsel or the petitioner, Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies and Sri S.Ayesha Azma, learned counsel for respondent No.5. 3. Learned counsel for the petitioner, while reiterating the contents of the writ affidavit would contend that the authorities, alleging variations in the ground stock found during inspection of the FP, issued show cause notice calling for explanation, for which the petitioner submitted a detailed explanation, however, 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 variation in between ground stocks and book balance, 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 5 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 (02) months from the date of receipt of copy of this order. Else, the impugned suspension order dated 27.11.2025 passed by respondent No.3 vide Rc.I/2100/2025 shall stand revoked.” 6 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 05.02.2026 MP 7 244 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.35216 of 2025 05.02.2026 MP