Gajula Poornachandra Rao, Vs The State of Andhra Pradesh

GAJULA POORNACHANDRA RAO,, S/O YOGAIAH, AGED ABOUT 50 YEARS, OCC FAIR PRICE SHOP DEALER. SHOP NO.0744020 R/O MUKKELLAPADU VILLAGE, NUZENDIA MANDAL, NOW PALNADU DISTRICT - 522659

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY TO GOVT., CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238.

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THE COMMISSIONER, CIVIL SUPPLIES DEPARTMENT, GOVT., OF ANDHRA PRADESH. VIJAYAWADA - 520007.

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THE DISTRICT COLLECTOR, CIVIL SUPPLIES DEPARTMENT, NARASARAOPET, PALNADU DISTRICT - 522601.

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THE JOINT COLLECTOR AND DISTRICT MAGISTRATE, NARASARAOPET, PALNADU DISTRICT-522601.

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REVENUE DIVISIONAL OFFICER, NARASARAOPET, PALNADU DISTRICT - 522601.

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THE CIVIL SUPPLIES DEPUTY TAHSILDAR, VINUKONDA MANDAL,

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PALNADU DISTRICT – 522601

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THE VILLAGE REVENUE OFFICER, MUKKELLAPADU VILLAGE, NUZENDIA MANDAL, GUNTUR DISTRICT, NOW PALNADU DISTRICT – 522659

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...RESPONDENT(S):

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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 in the nature of WRIT OF MANDAMUS to declare the proceedings in RC.No. 1278/2024- G, dt.02-05-2026 issued by the 5th Respondent temporarily suspending the authorization of the petitioner fair price shop No.0744020 of Mukkellapadu Village, and not disposing the appeal along with stay application, dt.21-052026 filed by the petitioner before the 4th Respondent is as arbitrary, illegal and colourable exercise of power, and contrary to the provisions of Essential Commodities Act and the Control Order, 2018 and in violation of Article 14 and 21 of the Constitution of India and to set aside the proceedings RC.No. 1278/2024-G, dt.02-05-2026 issued by the 5th Respondent and issue in to a consequential direction to the Respondent No.3 to 5 to continue the authorization of the petitioner fair price shop No.744020 of Mukkellapadu Village, Nuzendia Mandal, Palnadu District forthwith and to pass such

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IA NO: 1 OF 2026

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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 direct the Respondent No.3 to 5 to continue the authorization of the petitioner fair price shop No.0744020 of Mukkellapadu Village, Nuzendla Mandal, Palnadu District by suspending the proceedings in RC.No.1278/2024- G, dt.02-05-2026 issued by the Respondent and to pass such

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Counsel for the Petitioner:

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1.A RAJENDRA BABU

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.GP FOR CIVIL SUPPLIES

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The Court made the following order:

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Heard Sri A.Rajendra Babu, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies, for the respondents.

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The petitioner was appointed as the Fair Price Shop Dealer of F.P. Shop No.0744020 in Mukkellapadu Village, Nuzendla Mandal, Palnadu District. The Civil Supplies Deputy Tahsildar, Vinukonda, conducted an inspection and submitted a report dated 06.04.2026 to the 5^th respondent. Thereafter, the 5^th respondent, by the proceedings vide Rc.No.1278/2024-G dated 02.05.2026 (Ex.P1), suspended the authorisation of the petitioner pending inquiry. In the said proceedings, it was mentioned that the petitioner has a right of appeal to the 4^th respondent. The petitioner filed an appeal dated 23.05.2026 (Ex.P2). Along with the appeal, the petitioner also filed a stay petition. However, the appellate authority – 4^th respondent has not passed any order. Aggrieved by the proceedings dated 02.05.2026 (Ex.P1), as well as the failure of the appellate authority in considering the appeal and the stay petition, the above writ petition was filed.

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Learned counsel for the petitioner confined his arguments and urged the Court to direct the disciplinary authority – 5^th respondent to complete the inquiry in terms of Clause-8(4) of the A.P.S.T.P.D.S (Control) Order, 2018.

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Learned Assistant Government Pleader for Civil Supplies did not refute the said submission and further submitted that the 5^th respondent will complete the inquiry within the time stipulated under Clause-8(4) of the A.P.S.T.P.D.S (Control) Order, 2018.

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Given the facts and circumstances of the case, without touching the merits of the matter, the writ petition is disposed of, at the stage of admission, with the consent of both learned counsel, with the following directions.

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i) The 5^th respondent shall furnish a copy of the inspection report and other relevant documents to the petitioner, if not already furnished.

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ii) The petitioner is at liberty to submit an explanation, if not already submitted.

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iii) The 5^th respondent shall complete the inquiry, keeping in view the time prescribed under Clause-8(4) of the A.P.S.T.P.D.S (Control) Order, 2018.

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iv) The 5^th respondent shall adhere to the circular instructions vide CCS.Ref.No.PDS.II(1)/307/2025 dated 05.12.2025 and the judgment dated 19.02.2026 in W.A.No.152 of 2026.

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v) The petitioner shall cooperate during the inquiry.

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vi) If the 5^th respondent fails to complete the inquiry within the time stipulated under Clause-8(4) of the A.P.S.T.P.D.S (Control) Order, 2018, from the date of Ex.P1, the Ex.P1 proceedings shall stand revoked automatically without reference to any further order.

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vii) In such an event, the 5^th respondent shall restore the authorisation of the petitioner in respect of F.P. Shop No.0744020 in Mukkellapadu Village, Nuzendla Mandal, Palnadu District.

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viii) There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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___________________________ JUSTICE SUBBA REDDY SATTI

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Date: 07.07.2026 SNI

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Whether the order is:

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Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No