IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Ravi Cheemalapati, J
Nasina Kalaiah – Appellant
Versus
The State of Andhra Pradesh – Respondent
WRIT PETITION NO: 4938/2026
| Table of Content |
|---|
| 1. challenge to the suspension of fair price shop authorization based on alleged procedural irregularities. (Para 1 , 2 , 3 , 4 , 6) |
| 2. requirement for timely completion of disciplinary enquiries to ensure smooth functioning of the pds. (Para 5 , 7 , 8) |
| 3. direction to conclude the enquiry within a fixed period or face revocation of the suspension order. (Para 9 , 10) |
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 order or direction more particularly one in the nature of writ of Mandamus, declaring the order of 3rd respondent in RC BI/1958/2025 Dated 01.2026 in so far as suspension of petitioner's authorization of FP Shop No. 0942034 (Regular) of Menakuru Village, Naidupeta Mandal, Chittor District without conducting any inspection or without issuing any show cause notice or report from the 4th respondent against above FP Shop merely on the ground of variations in PDS Rice and Sugar in FP Shop No. 0942033 (Incharge), without considering petitioner's explanation submitted to the 3rd respondent is illegal, arbitrary and violative of Articles 19a 21 of the Constitution of India and consequently set aside the same by directing the respondents 2 and 3 to restore my authorization of FP Shop No. 0942034 (Regular) of Menakuru Village, Naidupeta Mandal, Chittor District in the interest of justice
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 order of 3rd respondent RC BI/1958/2025 dated 17.1.2026 served to petitioner on 27.1.2026 in so far as suspension of petitioner’s authorization of FP Shop No. 0942034 (Regular) of Menakuru Village, Naidupeta Mandal, Chittor District pending disposal of the above WP in the interest of justice
The Court made the following:
ORDER:
1. Questioning the order dated nil.01.2026 issued by the 3rd respondent vide RC.B1/1958/2025 suspending the petitioner’s authorization in respect of Fair Price Shop No.0942034, Menakuru Village, Naidupeta Mandal, Chittoor District, the present writ petition is filed.
2. Heard Sri T.Janardhan Rao, 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 ground balance of commodities 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:29609, 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 ground balance of 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.
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
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