Battu Venkata Ramaiah Vs the State of Andhra Pradesh

BATTU VENKATA RAMAIAH, S/O.RAMA KOTAIAH FP SHOP DEALER, SHOP NO.0811026, VADDIMADUGU-523231, KONAKANAMETIA MANDAL, MARKAPUR REVENUE DIVISION, MARKAPUR DISTRICT.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES, SECRETARIAT AT VELAGAPUDI ANNARAVATHI-522020, GUNTUR DISTRICT,

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THE COLLECTOR AND DISTRICT MAGISTRATE, MARKAPURUM DISTRICT, MARKAPURAM-523316

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THE COLLECTORCS, MARKAPURAM-523316 MARKAPURUM DISTRICT,

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THE REVENUE DIVISIONAL OFFICER, MARKAPUR-5233164.

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THE TAHSILDAR, KONKANAMITTLA-523241 MANDAL, MARKAPURAM DISTRICT,

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THE ENFORCEMENT DEPUTY TAHSILDAR, PODILI-523240 MARKAPURAM DISTRICT

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THE DISTRICT SUPPLY OFFICER, CIVIL SUPPLIES DEPARTMENT, MARKAPURAM-523316, MARKAPURUM DISTRICT.

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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 one in the nature of Mandamus, declaring the action of 4th respondent/R.D.O., Markapur, Markapuram District, who suspended the authorization of petitioner in his proceedings dt.29-05-2026 in Rc.C/470/2026, is illegal, arbitrary and opposed to the spirit of Judgments of this Hon'ble High Court and also against the mandatory provision of Control Order, and also violate of principals of natural justice and without opportunity to petitioner and without jurisdiction and setaside the proceedings of 4th respondent/R.D.O., Markapur, Markapuram District, who suspended the authorization of petitioner in his proceedings dt.29-05-2026 in Rc.C/470/2026 and consequently to direct the respondents to continue the petitioner as FP Shop dealer. Shop No 0811026 of Vaddimadugu Village, Konakanametia Mandal, Markapuram Revenue Division, Markapuram District, A.P., and pass

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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 stay the proceeding of impugned orders of the learned R.D.O., Markapur(4th respondent), dt.29-5-2026 in Rc.C/470/2026, pending disposal of the above Writ Petition and pass

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Counsel for the Petitioner:

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1.Alapati Vivekananda

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Counsel for the Respondent(S):

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1.GP FOR CIVIL SUPPLIES

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The Court made the following order:

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Heard Alaptai Vivekananda, 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 in respect of F.P. Shop No.0811026 of Vaddimadugu Village, Konakamitla Mandal, Markapur District. The Deputy Tahsildar, Enforcement, inspected the premises and submitted a report to the 4^th respondent. The 4^th respondent issued a show cause notice vide Rc.C/470/2026 dated 23.05.2026 (Ex.P2). The petitioner made a representation dated 29.05.2026 (Ex.P3). On the same day, vide proceedings Rc.C/470/2026 dated 29.05.2026 (Ex.P1), the authorisation of the petitioner was suspended pending inquiry.

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Learned counsel for the petitioner would submit that without furnishing the relevant material, suspending the authorisation of the petitioner is impermissible.

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Per contra, learned Assistant Government Pleader for Civil Supplies placed reliance on the judgment in W.A.No.122 of 2025, wherein the Hon’ble Division Bench observed that no notice is required to suspend the authorisation pending inquiry.

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In reply, learned counsel for the petitioner confined his arguments and urged the Court to direct the 4^th respondent to conclude the inquiry within the time stipulated under Clause 8(4) of A.P.S.T.P.D.S. (Control) Order, 2018.

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Learned Assistant Government Pleader did not refute the said submission.

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Given the facts and circumstances of the case, without going into the merits of the matter, the writ petition is disposed of, at the stage of admission, with the consent of all the learned counsel, with the following directions:

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i) The 4^th respondent shall furnish the notice, report and other documents to the petitioner, if not already furnished.

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ii) The petitioner is at liberty to submit an explanation by annexing all the relevant documents.

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iii) The 4^th respondent shall conclude the inquiry within the time stipulated under Clause 8(4) of A.P.S.T.P.D.S. (Control) Order, 2018 within 90 days from Ex P.1.

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iv) The 4^th respondent shall adhere to 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.122 of 2025.

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v) The petitioner shall cooperate during the inquiry.

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vi) If the 4^th respondent fails to conclude the inquiry within the stipulated time, as referred to supra , the proceedings Ex.P1 dated 29.05.2026 shall stand automatically revoked without any further reference to this Court and the 4^th respondent shall restore the authorisation of the petitioner in respect of F.P. Shop No.0811026 of Vaddimadugu Village, Konakamitla Mandal, Markapur District.

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vii) 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 Whether the order is:

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

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