Date of reserved for orders : --- Date of pronouncement : 22.06.2026 Date of uploading : 29.06.2026 APHC010295902026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE 22nd DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15912/2026 Between: 1. N.SRINIVAS, S/O SUBBA RAO AGE 55 YEARS, OCC FP SHOP DEALER FOR SHOP NO.0630002, MOVVA VILLAGE AND MANDAL, KRISHNA DIST. 521135 ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST.-522503 2. THE JOINT COLLECTOR, KRISHNA DIST., AT MACHILIPATNAM.- 521002 3. THE REVENUE DIVISIONAL OFFICER, VUYYURU TOWN, KRISHNA DIST.-521165 4. THE TAHSILDAR, MOVVA MANDAL, KRISHNA DIST.-521135 ...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 Writ Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not concluding the enquiry within stipulated period of 90 days and continuing to place the petitioner under suspension for indefinite time vide Rc.CS/18(Movva)/2026 dt 28-2-2026 in respect of the F.P Shop No.0630002, Movva Village and Mandal, Krishna Dist., is contrary to the orders passed by this Hon'ble Court in E.Lakshmi Narayana vs The State of Andhra Pradesh and others and without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order,2018 as illegal, arbitrary, and violative of principles of natural justice and consequently revoke the suspension order dt 28-2- 2026 by directing the respondents to release Essential Commodities in favour of the petitioner as usual 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 suspend the impugned order passed by the 3rd respondent vide Rc.CS/18(Movva)/2026 dt:28-2-2026 in respect of the F.P Shop No.0630002, Movva Village & Mandal, Krishna Dist., by continuing the petitioner as dealer as usual, pending disposal of the writ petition. Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following order: Heard Sri MMM Srinivas, learned counsel for the petitioner, and Sri Tadisetti Venkata Ananda Rao, learned Assistant Government Pleader for Civil Supplies, for respondents 1 to 4. 2. The petitioner was appointed as a permanent Fair Price Shop Dealer vide F.P.No.0630002, Movva Village and Mandal, Krishna District and the authorisation was extended till 31.03.2027 vide Ex.P5. The Special Deputy Tahsildar (CS), along with Mandal Revenue Inspector, Movva, conducted a surprise inspection of the said shop on 06.02.2026, at about 5:20 p.m., in the presence of mediators. However, the shop was closed at that time. The authorities sealed the F.P. Shop and handed over the keys to the Tahsildar, Moova, under a cover of mediatornama. On 07.02.2026 at about 2:30 p.m., when the Special Deputy Tahsildar (CS) Movva conducted an inspection, some minor variations were found. Thus, a show-cause notice, dated 16.02.2026, was issued to the petitioner, and the petitioner submitted an explanation. Pending the enquiry, by proceedings issued by the Revenue Divisional Officer (F.A.C) vide Rc.C.S./18 (Movva)/2026, dated 28.02.2026, the petitioner was placed under suspension till completion of the enquiry. 3. Learned counsel for the petitioner would submit that as per Regulation 8(4)(2) of the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018 (for short ‘the Control Order’), 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 notice, keeping in view of the convenience of the cardholders and for smooth functioning of Targeted Public Distribution System. Regulation 8(5) of the Control Order prescribes that the appointing authority/disciplinary authority shall make an alternative arrangement to distribute the commodities to the cardholders. The second limb of Clause 8(5) prescribes that the alternative arrangement should be up to a period of three months or till a vacancy is filled, whichever is earlier. 4. Thus, the legislature, in its wisdom, fixed three months to complete the enquiry vis-à-vis disciplinary cases filed against Fair Price Shop Dealers. In fact, the appointment of the temporary dealers is also for three months or until the vacancy is filled, whichever is earlier. 5. In the case at hand, a show cause notice, Ex.P2 was issued on 16.02.2026. However, so far, the enquiry has not been completed. 6. When the Court posed a question regarding the stage of enquiry, the learned Assistant Government Pleader submitted that the authority will complete the enquiry within four weeks. When the control order stipulated a time period to complete the enquiry and for the failure on the part of the authority to complete the inquiry within the time stipulated, the petitioner shall not be penalised. 7. A coordinate Bench of this court in W.P.No.36616 of 2025 and W.P.No.14770 of 2026, in identical situations, where an enquiry was not completed within the time stipulated, set aside the proceedings impugned therein and directed the authority to conclude the enquiry. 8. In the case at hand, also, as stated supra, despite the time fixed, the appointing authority, respondent No.3 failed to conclude the enquiry within the time stipulated. Therefore, this Court deems it appropriate to set aside the proceedings impugned. 9. Given the facts and circumstances of the case, the Writ Petition is allowed. The proceedings, Ex.P1 are hereby set aside. Respondent No.3 shall conclude the enquiry as expeditiously as possible by following the procedure prescribed under the Control Order or any other Rules in vogue. 10. Till such time, respondent No.3 shall continue the petitioner as Fair Price Shop Dealer in respect of F.P. No.0630002 of Movva Village and Mandal, Krishna District and allow the petitioner to distribute the commodities to the cardholders. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 22.06.2026 IKN Whether the order is : Speaking Yes/No / Recorded Yes/No Reportable Yes/No / Non-Reportable Yes/No 146 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15912 of 2026 Date: 22.06.2026 IKN