APHC010703412022 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. JANAVATH RAMESH NAYAK, S/O. SAKRUR NAYAK AGED 35 YEARS, RIO. H.NO. 8 MANDAL, NANDYAL DISTRICT 1. THE STATE OF AP, , REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS FOOD AMARAVATHI. 2. THE DISTRICT COLLECTOR, NANDYAL DISTRICT, ONGOLE. 3. THE REVENUE DIVISIONAL OFFICER, , ATMAKUR, NANDYAL DISTRICT. 4. THE TAHASILDAR, ATMAKUR MANDAL, NANDYAL 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 topleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mand 3rd respondent in issuing through proceedings Rc.B 518/2022 dated 08.12.2022 by suspending the authorization of the petitioner as fair price shop dealer of Shop No. 1311044 of Mustepalli, H/o Siddepalli Village, Atmakur Mandal, Nandyal District without issuing any show cause notice to the 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 41531/2022 JANAVATH RAMESH NAYAK, S/O. SAKRUR NAYAK AGED 35 YEARS, RIO. H.NO. 8-76-3, MUSHTEPALLE VILLAGE ATMAKUR MANDAL, NANDYAL DISTRICT ...PETITIONER AND THE STATE OF AP, , REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES, SECRETARIAT, THE DISTRICT COLLECTOR, NANDYAL DISTRICT, ONGOLE. THE REVENUE DIVISIONAL OFFICER, , ATMAKUR, NANDYAL THE TAHASILDAR, ATMAKUR MANDAL, NANDYAL DISTRICT ...RESPONDENT(S): Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased 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 through proceedings Rc.B 518/2022 dated 08.12.2022 by suspending the authorization of the petitioner as fair price shop dealer of Shop No. 1311044 of Mustepalli, H/o Siddepalli Village, Atmakur dal, Nandyal District without issuing any show cause notice to the RC,J W.P.No.41531 of 2022 IN THE HIGH COURT OF ANDHRA PRADESH [3332] THURSDAY,THE TWENTY NINETH DAY OF JANUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI JANAVATH RAMESH NAYAK, S/O. SAKRUR NAYAK AGED 35 3, MUSHTEPALLE VILLAGE ATMAKUR ...PETITIONER THE STATE OF AP, , REP. BY ITS PRINCIPAL SECRETARY, AND CIVIL SUPPLIES, SECRETARIAT, THE DISTRICT COLLECTOR, NANDYAL DISTRICT, ONGOLE. THE REVENUE DIVISIONAL OFFICER, , ATMAKUR, NANDYAL THE TAHASILDAR, ATMAKUR MANDAL, NANDYAL DISTRICT ...RESPONDENT(S): Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate writ, order or direction more amus declaring the action of the 3rd respondent in issuing through proceedings Rc.B 518/2022 dated 08.12.2022 by suspending the authorization of the petitioner as fair price shop dealer of Shop No. 1311044 of Mustepalli, H/o Siddepalli Village, Atmakur dal, Nandyal District without issuing any show cause notice to the RC,J W.P.No.41531 of 2022 2 petitioner as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra 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. 1311044 of Mustepalli, H/o Siddepalli Village, Atmakur Mandal, Nandyal District and to pass IA NO: 1 OF 2022 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 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. 1311044 of Mustepalli, Siddepalli Village, Atmakur Mandal, Nandyal District by suspending the proceedings of 3rd respondent in Rc.B 518/2022 dated 08.12.2022„ pending disposal of the writ petition and to 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 pleased to vacate the Interim order dated 23-12-2022 passed in IA.No. 1 of 2022 in WP.No. 41531 of 2022 and dismiss the Writ Petition and to pass IA NO: 2 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 pleased to grant leave to the petitioner to file reply affidavit petition in W.P. No. 41531 of 2022 before this Hon'ble Court and pass Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR CIVIL SUPPLIES The Court made the following: RC,J W.P.No.41531 of 2022 3 ORDER This writ petition is filed questioning the orders dated 08.12.2022 passed by respondent no.3 vide Rc.B.No.518/2022 suspending the petitioner’s authorization in respect of FP Shop No.1311044, Mustepalli Village, Atmakur Mandal, Nandyal District. 2. Heard Smt. Marella Radha, learned counsel for the petitioner, and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies. 3. Smt. Marella Radha, learned counsel, 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 shop, without issuing show cause notice calling for explanation and basing on the 6A report, in a mechanical way, suspended the authorization of the petitioner without giving reasons and too for an indefinite period and 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 RC,J W.P.No.41531 of 2022 4 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. This Court vide orders dated 23.12.2022, suspended the impugned orders directing the respondents to continue the petitioner as Fair Price Shop Dealer 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 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: RC,J W.P.No.41531 of 2022 5 “The authorities shall conclude the enquiry at an earliest. Till conclusion of enquiry, the interim orders passed by this Court on 23.12.2022 shall continue.” 10. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI DATE: 29th day of January, 2026. RR