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2026 DAILYLAW 6610 (AP)

PULICHERLA ATCHI REDDY v. THE STATE OF ANDHRA PRADESH

WP/19901/2026 · 2026-07-20

Subba Reddy Satti

body2026

Judgment text

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APHC010371192026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE 21st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19901/2026 Between: 1. PULICHERLA ATCHI REDDY, S/O PEDA NARAPA REDDY, AGED 47 YEARS, OCC FAIR PRICE SHOP DEALER, R/O BOLLAPALLI VILLAGE, BOLLAPALLI MANDAL, PALNADU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIED DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PALNADU DISTRICT, NARASARAOPET. 3. THE JOINT COLLECTOR, PALNADU DISTRICT, NARASARAOPET. 4. THE REVENUE DIVISIONAL OFFICER, NARASARAOPET, PALNADU DISTRICT. 5. THE TAHSILDAR, BOLLAPALLI MANDAL, PALNADU DISTRICT. 6. PULLA SUNITHA, CIVIL SUPPLIES DEPUTY TAHSILDAR, VINUKONDA MANDAL, VINUKONDA, PALANADU DISTRICT. ...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 a Writ of Mandamus or any other appropriate Writ Order or direction, declaring the impugned order Rc.No.899/2026-G dated 19-05-2026 on the file of Revenue Divisional Officer, Narasaraopet, Palnadu District, as illegal, arbitrary and vitiated as the same is malafide 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 to suspend the impugned order Rc.No.899/2026-G dated 19-05-2026 on the file of Revenue Divisional Officer, Narasaraopet, Palnadu District, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. D KRISHNA MURTHY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following order: Heard Sri D.Krishna Murthy, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies for the respondents 1 to 5. The notice in respect of the 6th respondent is dispensed with, since no adverse order is passed affecting the interest of the 6th respondent. 2. The petitioner was appointed as the Fair Price Shop Dealer in respect of F.P. Shop No.0721032 of Bollapalli Village and Mandal, Palnadu District, vide proceedings Rc.No.1513/05-B dated 24.10.2005. The CSDT, Vinukonda, inspected the shop and submitted a report on 08.05.2026 to the 4th respondent. The 4th respondent, by the proceedings vide Rc.No.899/2026-G dated 19.05.2026 (Ex.P1), suspended the authorisation pending inquiry. 3. Learned counsel for the petitioner would submit that the petitioner submitted a representation dated 30.05.2026. However, the same was not considered, and no reasons were recorded in the proceedings under Ex.P1. 4. Per contra, learned Assistant Government Pleader for Civil Supplies would submit that the 4th respondent, by proceedings Ex.P1, suspended the authorisation pending inquiry due to the variations found in the inspection report, by exercising powers under Clause 8(4) of the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018. He would further submit that the authority will complete the inquiry as per the time prescribed under Clause 8(4) of the Control Order, 2018. 5. In reply, learned counsel for the petitioner would submit that the authority has not issued a show cause notice and urged this Court to direct the 4th respondent to complete the inquiry in terms of Clause 8(4) of the Control Order, 2018. 6. Given the facts and circumstances of the case, keeping the writ petition pending and inviting a counter may not serve any purpose. Hence, the writ petition is disposed of, at the stage of admission, with the consent of both learned counsel, with the following directions: i) The 4th respondent shall issue notice to the petitioner, if not already issued. ii) The 4th respondent shall furnish all the relevant documents, including the inspection report, to the petitioner, enabling the petitioner to submit an appropriate explanation as expeditiously as possible, if not already furnished. iii) Upon receipt of the documents, the petitioner shall submit an explanation. iv) Thereafter, the 4th respondent shall conduct an inquiry by affording an opportunity of hearing to the petitioner and pass a reasoned order, keeping in view the circular instructions vide CCS.Ref.No.PDS.II(1)/307/2025 dated 05.12.2025, as amended from time to time, and the order in W.A.No.152 of 2026 within the time lines prescribed in Clause 8(4) of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 i.e., 90 days. v) The petitioner shall cooperate during the inquiry. vi) If the 4th respondent fails to complete the inquiry within the stipulated time, as referred to supra, i.e., 90 days from the date of Ex.P1, the proceedings under Ex.P1 shall stand revoked without reference to any further order. In such an event, the 4th respondent shall restore the authorisation of the petitioner in respect of F.P. Shop No.0721032 of Bollapalli Village and Mandal, Palnadu District. vii) There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 21.07.2026 SNI 115 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19901 OF 2026 Date: 21.07.2026 SNI