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2026 DAILYLAW 28273 (AP)

UPPALAPATI NASARAIAH v. The State of Andhra Pradesh

WP/638/2026 · 2026-01-07

V Sujatha

body2026

Judgment text

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APHC010722732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 638/2026 Between: 1. UPPALAPATI NASARAIAH, S/O. ACHAIAH, AGED ABOUT 52 YEARS, F.P. NO. 0806008, THOKAPALLI VILLAGE, PEDDARAVEEDU MANDAL PRAKASAM DISTRICT . ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES (CS) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522237 2. THE COLLECTOR CIVIL SUPPLIES, ONGOLE, PRAKASAM DISTRICT, 523001 3. THE SUB COLLECTOR, MARKAPUR DIVISION, PRAKASAM DISTRICT. 523316 4. THE TAHSILDAR, PEDARAVEEDU MANDAL PRAKASAM DISTRICT.523320 5. THE MANDAL REVENUE INSPECTOR, PEDDARAVEEDU MANDAL, PRAKASAM DISTRICT.523320 2 VS,J W.P.NO.638 OF 2026 ...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 topleased to issue an appropriate writ order or direction more one in the nature of Writ of Mandamus or any other appropriate writ order or direction declaring the action of the 3rd respondent in notice Rc.C/885/2024 dated 04-11-2025 and 16-12-2025 the authorization of petitioner F.P. Shop dealership No. 0806008 without following the procedure as contemplated under AP State Targeted Public Distribution System (Control), Order, 2018, besides offending Article 14 and 19 of Constitution of Indian and consequentially direct the respondents to continue the petitioner as F.P.Shop Dealer and pass 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 pleased to direct the respondents herein to continue the petitioner as F.P. Shop No. 0806008 dealer of Thokapalli Village, Peddaraveedu Mandal, Prakasam District, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. KOPPARTHI SUMATHI Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.NO.638 OF 2026 ORDER: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…to issue an appropriate writ order or direction more one in the nature of Writ of Mandamus or any other appropriate writ order or direction declaring the action of the 3rd respondent in notice Rc.C/885/2024 dated 04-11- 2025 and 16-12-2025 the authorization of petitioner F.P. Shop dealership No. 0806008 without following the procedure as contemplated under AP State Targeted Public Distribution System (Control), Order, 2018, besides offending Article 14 and 19 of Constitution of Indian and consequentially direct the respondents to continue the petitioner as F.P.Shop Dealer …” 2. The case of the petitioner, in brief, is as follows: a. The petitioner was appointed as a fair price shop dealer for shop No.0806008 of Thokapalli village, Peddaraveedu mandal, Markapur Division, Prakasam District and he has been discharging his duties for the last 30 years without any complaint from any corner. b. While so, on 04.11.2024, at the instance of the political leaders, the 5th respondent inspected the shop of the petitioner and without a proper verification of the concerned records and without considering the explanation of the petitioner and without verification of the records, submitted a report to the 3rd respondent. On the basis of the said report, the 3rd respondent 4 VS,J W.P.NO.638 OF 2026 issued a show cause notice to the petitioner vide Rc.C/885/2024, dated 13.11.2024, framing a single charge against the petitioner and calling for his explanation. The petitioner submitted a detailed explanation on 21.11.2024. The 3rd respondent/Sub Collector, Markapur, without considering the explanation submitted by the petitioner and without affording an opportunity of hearing to the petitioner, passed orders on 26.12.2024 suspending the authorization/dealership of the petitioner. Thereafter, the petitioner was constrained to file W.P.No.31570 of 2024 challenging the suspension order issued by the 3rd respondent vide proceedings in Rc.C/885/2024, dated 13.11.2024. This Court disposed of the writ petition vide order dated 20.01.2025 directing the concerned authority to complete the enquiry within one (01) month from the date of receipt of a copy of the order. However, as the respondents have not completed the enquiry within the specified time as directed by this Court, the petitioner was constrained to issue a contempt notice dated 09.06.2025 to implement the orders passed by this Court on 20.01.2025. 3. The case of the petitioner is that after receiving the said legal notice, the 3rd respondent has issued a notice dated 04.11.2025 calling for further explanation from the petitioner for 5 VS,J W.P.NO.638 OF 2026 conducting an enquiry as directed by this Court in W.P.No.31570 of 2024 for which, the petitioner has already submitted an explanation on 11.11.2025. 4. However, the grievance of the petitioner in the present writ petition is that though the petitioner has submitted an explanation dated 11.11.2025 itself, the respondents have failed to conduct any enquiry in compliance of the orders passed by this in W.P.No.31570 of 2024. Thereafter, the respondents again got issued a notice dated 16.12.2025 calling for explanation from the petitioner and matter was adjourned to 23.12.2025. The petitioner appeared before the 3rd respondent and submitted his explanation. However, enquiry has not yet been concluded. 5. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 6. As the respondents failed to initiate steps to conduct an enquiry in pursuance of the orders passed by this Court on 20.01.2025, without going into merits of the case, the writ petition is disposed of directing the 3rd respondent to complete the enquiry within a period of two (02) weeks from the date of receipt of a copy of the order. No costs. 6 VS,J W.P.NO.638 OF 2026 Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :08.01.2026 LSP