IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Ravi Cheemalapati, J
BHUMANNAGARI RAJESWARA REDDY – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent
WRIT PETITION NO: 22001/2024
| Table of Content |
|---|
| 1. challenge to the suspension of fair price shop authorization based on alleged pds variations and violation of natural justice. (Para 1 , 2 , 3 , 4) |
| 2. requirement for timely completion of disciplinary enquiries under the ap targeted public distribution system (control) order, 2018. (Para 5 , 6 , 7 , 8) |
| 3. direction to conclude the enquiry expeditiously while maintaining interim protection for the dealer. (Para 9 , 10) |
(Special Original Jurisdiction)
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 or order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the 3rd respondent in issuing proceedings Rc. DT(LR) 1086/2024 dated 26.09.2024, suspending the petitioners authorization of F P Shop No. 1329022 of L. Kottala Village, Veldurthy Mandal, Kumool District is illegal arbitrary and violative of principles of natural justice and consequently direct the 3rd respondent to continue the petitioner as Dealer of F P Shop No. 1329022 of L. Kottala Village, Veldurthy Mandal, Kumool District, and pass such
IA NO: 1 OF 2024
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 proceedings vide Rc. DT(LR) 1086/2024 dated: 26.09.2024 and direct the Respondents 3 and 4 to release Essential Commodities and to allow the petitioner to function as Fair Price Shop Dealer of F P Shop No. 1329022 of L. Kottala Village, Veldurthy Mandal, Kumool District by regularly supplying essential commodities, and pass such
IA NO: 1 OF 2025
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 vacate the Interim Order dated 30.09.2024 passed in I. A. No. 1 of 2024 in W.P.No.22001 of 2024 and dismiss the Writ Petition
Counsel for the Petitioner:
1. BUGULU SREETEJA
Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES
The Court made the following:
ORDER:
1. Questioning the proceedings dated 26.09.2024 issued by the 3rd respondent vide Rc.DT(LR)1086/2024 suspending the petitioner’s authorization in respect of Fair Price Shop No.1329022, L.Kottala Village, Veldurthy Mandal, Kurnool District, the present writ petition is filed.
2. Heard Sri Y.Akhil Pavan, learned counsel representing Sri Bugulu Sreeteja, learned counsel for the petitioner and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies.
3. Learned counsel for the petitioner while reiterating the contents of the writ affidavit would contend that the authorities, alleging variations in the PDS rice and Sugar found during inspection of the Fair Price shop, issued show cause notice, for which the petitioner submitted explanation, however, the authorities, without considering the explanation, in a mechanical way, suspended the authorization of the petitioner without giving reasons in violation of the orders passed by this Court in K. Prabhavathi vs. State of A.P. 12020(6) ALD 209, 2026:APHC:29611, 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 fortified rice, suspended the 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 suspe
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