K Sarala Kumari Vs the State of Andhra Pradesh

K SARALA KUMARI, W/O PEDDAKAPU AGE 56 YEARS, OCC F.P. SHOP DEALER FOR SHOP NO.0434014, PANDALAPAKA VILLAGE BICCAVOLU MANDAL, EAST GODAVARI DIST.-533343

¶12

...PETITIONER

¶13

AND

¶14

THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST.522237

¶15

THE JOINT COLLECTOR, EAST GODAVARI DIST., AT RAJAMAHENDRAVARAM.-533101

¶16

THE REVENUE DIVISIONAL OFFICER, RAJAMAHENDRAVARAM DIVISION, EAST GODAVARI DIST., -533101

¶17

THE TAHSILDAR, BICCAVOLU MANDAL, EAST GODAVARI DIST.533343

¶18

SMT VASIREDDY JOIS, D/O SRINIVAS R/O D.NO.2-22, JANDA CENTRE, PENDALAPAKA VILLAGE BICCAVOLU MANDAL, EAST GODAVARI DIST.533343

¶19

...RESPONDENT(S):

¶20

Page 2 of 5

¶21

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 Writ Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the impugned order issued by the 3rd respondent vide Ref.D/1075826/2026 dt 4-4-2026 suspending the petitioner's authorization and entrusting the distribution work to the 5th respondent in respect of FP Shop No.0434014, Pandalapaka Village, Biccavolu Mandal, East Godavari Dist., without assigning any valid reasons and without following the procedure as contemplated under AP State Targeted (Control) Order, 2018 is illegal, arbitrary malafide and contrary to provisions of Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 and contrary to the circular dt 5-12-2025 apart from violation of the principles of natural justice and consequentially set aside the impugned order dt 4-4-2026 by directing the Respondents to continue petitioner as FP Shop dealer as usual, and pass

¶22

IA NO: 1 OF 2026

¶23

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 Suspend the impugned order passed by the 3 rd respondent vide Ref.D/1075826/2026 dt:4-4-2026 in respect of FP Shop No.0434014, Pandalapaka Village, Biccavolu Mandal, East Godavari Dist. and pass

¶24

Counsel for the Petitioner:

¶25

1.M M M SRINIVASA RAO

¶26

Counsel for the Respondent(S):

¶27

1.GP FOR CIVIL SUPPLIES

¶28

The Court made the following order:

¶29

Heard M.M.M.Srinivasa Rao, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies, for the respondents 1 to 4. The notice in respect of the 5^th respondent is dispensed with, since no adverse order is passed affecting the interest of the 5^th respondent.

¶30

Page 3 of 5

¶31

Assailing the proceedings issued by the 3^rd respondent vide Ref.D/1075826/2026 dated 04.04.2026 (Ex.P1), the above writ petition was filed.

¶32

The petitioner was appointed as the Fair Price Shop Dealer in respect of F.P. Shop No.0434014 of Pandalapaka Village, Biccavolu Mandal, East Godavari District. By the impugned proceedings, Ex.P1, the authorisation of the petitioner was suspended pending inquiry.

¶33

Learned counsel for the petitioner would submit that, as per Clause 8(4) of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, the inquiry must be completed within ninety days. However, the inquiry has not been completed so far. Thus, the learned counsel urged this Court to set aside the proceedings under Ex.P1.

¶34

Per contra, learned Assistant Government Pleader for Civil Supplies would submit that the 5^th respondent was appointed as the Temporary Fair Price Shop Dealer pursuant to Ex.P1. Learned Assistant Government Pleader would submit that due to circumstances beyond the control of the 3^rd respondent, the inquiry could not be completed within the time stipulated under Clause 8(4) of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018. He would further submit that the 3^rd respondent will conclude the inquiry within a period of four (04) weeks from today.

¶35

In reply, learned counsel for the petitioner did not refute the said submission.

¶36

Given the facts and circumstances of the case, keeping the writ petition pending and inviting a counter may not serve any purpose. Accordingly, the writ petition is disposed of, at the stage of admission, with the consent of both the learned counsel, with the following directions:

¶37

i) The learned 3^rd respondent shall complete the enquiry initiated against the petitioner within four weeks from today.

¶38

Page 4 of 5

¶39

ii) The 3^rd respondent shall afford 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.122 of 2025.

¶40

iii) The petitioner shall cooperate during the enquiry.

¶41

iv) If the 3^rd respondent fails to complete the inquiry within the stipulated time, as referred supra , the proceedings under Ex P.1 shall stand revoked without reference to any further order. In such an event, the 3^rd respondent shall restore the authorisation of the petitioner in respect of F.P. Shop No.0434014 of Pandalapaka Village, Biccavolu Mandal, East Godavari District.

¶42

v) There shall be no order as to costs.

¶43

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

¶44

___________________________ JUSTICE SUBBA REDDY SATTI

¶45

Date: 10.07.2026 SNI Whether the order is:

¶46

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

¶47

Page 5 of 5