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2026 DAILYLAW 28053 (AP)

G. Bramhananda v. The State of Andhra Pradesh

WP/3752/2026 · 2026-02-16

Ravi Cheemalapati

body2026

Judgment text

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APHC010716842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3752/2026 Between: 1. G. BRAMHANANDA,, S/O. G. NARAYANAPPA, AGED 48 YEARS, OCC F.P.SHOP DEALER OF SHOP.NO.1216032, D.NO.1/21, JEEDIPALLI VILLAGE, BELUGUPPA MANDAL, SRI SATHYA SAI DISTRICT, ERSTWHILE ANANTAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. - 522238 2. THE DISTRICT COLLECTOR, ANANTHAPURAM DISTRICT. - 515 001 3. THE JOINT COLLECTOR, ANANTAPUR DISTRICT. - 515 001 4. THE REVENUE DIVISIONAL OFFICER, KALAYANADURGAM, ANANTHAPUR DISTRICT. - 515 761 5. THE TAHSILDAR, BELUGUPPA MANDAL, ANANTHAPURAM DISTRICT. - 515741 ...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 2 may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in suspending the authorization of the petitioner's fair price Shop No.1216032, vide Proceeding situated at Jeedipalli Village (Shop.No. 1216032) of Beluguppa, Anantapur District, vide proceedings Rc.No.B4/983/2025 dt.03.07.2025 without considering the explanations dt 17-7-2025 without there being any reason to the petitioner though the petitioner authorization is valid and subsisting is illegal, arbitrary 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 principles of natural justice and consequently direct the respondents to continue the petitioner to hold F.P. shop Dealership of Jeedipalli Village (Shop.No. 1216032) of Beluguppa Mandal, Anantapur District IA NO: 1 OF 2026 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 price shop at Jeedipalli Village (Shop.No. 1216032)of Beluguppa Mandal, Anantapur District, pending disposal of Writ Petition, Counsel for the Petitioner: 1. M HEMALATHA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: Questioning the proceedings dated 03.07.2025 issued by the 4th respondent vide Rc.No.B4/983/2025 suspending the petitioner’s authorization in respect of Fair Price Shop No.1216032, Jeedipalli Village, Beluguppa, Anantapur District, the present writ petition is filed. 2. Heard Sri S.Suman, learned counsel representing Ms.M.Hemalatha, learned counsel for the petitioner and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies. Predetermined the case 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that the 4th respondent issued a show cause notice vide Rc.No.B4/983/2025 dated 03.07.2025 and on the very same date i.e., on 03.07.2025 vide proceedings in Rc.No.B4/983/2025 suspended the petitioner’s authorization in respect of the subject fair price shop. He further submitted that the authorities, alleging variations in the stock found during inspection of the Fair Price shop, issued show cause notice dated 03.07.2025 seeking explanation, for which the petitioner submitted explanation dated 17.07.2025, however, the authorities, without even completion of the period mentioned in the show cause notice for submitting explanation, in a mechanical way, suspended the authorization of the petitioner vide orders dated 03.07.2025. He further 4 submitted that the impugned suspension order is in violation of the orders passed by this Court in K.Prabhavathi vs. State of A.P.1 and the same 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 essential commodities, 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. It is fairly conceded by the learned Assistant Government Pleader that enquiry had not been completed so far. 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. 1 2020(6) ALD 209 5 8. 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: “The authorities are directed to conclude the enquiry within a period of two (02) months from the date of receipt of a copy of this order else the order of suspension shall be revoked.” 9. 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: 17th February, 2026 RKS