WP/6424/2026 of JANGAM YOGESHWARAIAH Vs THE STATE OF ANDHRA PRADESH on 8 March 2026

1. JANGAM YOGESH ABOUT 37 YEARS 3/64, CHILAKALA KURNOOL KURNO

1. THE STATE OF A SECRETARY, C DEPARTMENT SE PIN CODE. 522238

2. THE DISTRICT C PINCODE 518001.

3. THE SUB COLLEC 518301

4. THE TAHSILDAR, M PINCODE 518345 Petition under Articl circumstances stated in pleased to issue a writ, of writ of Mandamus E HIGH COURT OF ANDHRA PRAD AT AMARAVATI (Special Original Jurisdiction) DAY, THE NINTH DAY OF MARCH O THOUSAND AND TWENTY SIX PRESENT ABLE SRI JUSTICE RAVI CHEEMAL RIT PETITION NO: 6424/2026 HWARAIAH, S/O. JANAGAM MUKA S, OCC FAIR PRICE SHOP DELAR DONA VILLAGE, MANTRALAYA OOL DISTRICT, PINCODE 518345 AND ANDHRA PRADESH, REP. BY IT CONSUMER AFFAIRS AND CIV ECRETARIAT, VELAGAPUDI, GUNT

COLLECTOR, KURNOOL, KURNOO

CTOR, KURNOOL, KURNOOL DISTR MANTHRALAYAM MANDAL, KURNO ...RES le 226 of the Constitution of India pra the affidavit filed therewith, the High order or direction more particularly o to declare the action of the respo DESH

LAPATI AIAH, AGED R, R/O. H.NO. AM MANDAL, ...PETITIONER TS PRINCIPAL VIL SUPPLIES TUR DISTRICT. OL DISTRICT, RICT, PINCODE OOL DISTRICT, SPONDENT(S): aying that in the h Court may be ne in the nature ondent No.3 in suspending the authorization of the petitioners Fair Price Shop bearing No. 1303024 of Chilakaladona Village, Mantralayam Mandal, Kurnool District vide Proceedings in RC.M. 270/2026 dated 19.02.2026 as arbitrary, illegal, highhanded, violation of settled Law and also violation of Articles 14 and 21 of the constitution of India and consequently set aside the Suspenion Order vide RC.M. 270/2026 dated 19.02.2026 passed by the 3rd respondent against the petitioner's Fair Price Shop bearing No. 1303024 of Chilakaladona Village, Mantralayam Mandal, Kurnool District and pass 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 direct the 3rd respondent to continue the petitioner as Fair Price Shop Dealer of Shop No. 1303024 of Chilakaladona Village, Mantralayam Mandal, Kurnool District by suspending the Suspension Order vide RC.M. 270/2026 dated 19.02.2026 passed by the 3rd respondent pending disposal of the above writ petition and pass Counsel for the Petitioner:

1. B SARVOTHAM REDDY Counsel for the Respondent(S):

1. GP FOR CIVIL SUPPLIES

The Court made the following order: Challenging the proceedings in Rc.M.270/2026 dated 19.02.2026 issued by respondent No.3-Sub-Collector, Adoni, suspending the petitioner’s authorization in respect of Fair Price Shop bearing No.1303024 of Chilakaladona Village, Mantralayam Mandal, Kurnool District, the present Writ Petition is filed.

2. Heard Sri B.Sarvotham Reddy, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies appearing for the respondents.

3. Learned counsel for the petitioner, while reiterating the contents of the writ affidavit, would contend that respondent No.4, alleging variations in the ground stock of Fortified rice, sugar and Jowar found during inspection of the Fair Price shop, conducted Panchanama, seized the stock along with the electronic weighing machine and ePoS device and also booked a case under Section 6-A of the Essential Commodities Act. He further submitted that basing on the report of respondent No.4, respondent No.3 has initiated Disciplinary Action against the petitioner, and accordingly issued show cause notice calling for explanation. He further submitted that without conducting any enquiry, issued the impugned proceedings and thereby suspended the petitioner’s authorization for subject shop. If the said impugned suspension proceedings are allowed to subsist, it would affect the rights of the petitioner. Hence, 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 ground stocks and book balance, suspended the F.P 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 FP shop dealership authorization was suspended pending enquiry.

7. There are certain guidelines framed for dealing the cases on alleged grounds of irregularities committed by the fair price shop dealers vide C.C.Memo.No.21/100/2015-ADI.PP-CCS dated 28.09.2015. The said guidelines have been framed by duly taking into consideration the judgments of this Court in W.P.No.30126 of 2014 & batch.

8. Clause (h) of the said guidelines is extracted hereunder for quick reference:

“h. The power of suspension under clause 5(5) of the Control Order includes the power to suspend the authorization pending enquiry and no show cause notice is necessary before exercising such power.”

As per the above said guidelines framed in the circular, without issuing any show cause notice, the appointing authority can suspend the dealership of a dealer, pending enquiry, to protect the interest of the cardholders, by recording the reasons for such suspension.

9. However, 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 shop dealers as early as possible, preferably within a period of three (3) months from the date of filing, keeping in view of the convenience of the cardholders and for smooth functioning of Targeted Public Distribution System.

10. In view of the referred provision supra, the authority has power to suspend the authorization pending enquiry. No detailed enquiry is required at this stage. Hence, instead of going into the merits of the case, the writ petition can be disposed of with the following direction:

“The respondent authorities concerned shall conclude the enquiry within a period of two (03) months from the date of receipt of copy of this order. Else, the impugned suspension proceedings dated 19.02.2026 issued by respondent No.3 vide Rc.M.270/2026 shall stand revoked.”

11. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel thereto, interlocutory applications pending, if any, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 09.03.2026 MP

THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO.6424 of 2026 09.03.2026

MP